Untätigkeitsklage for Einbürgerung: Suing Over a Slow Citizenship Application

Key Takeaways

• The general rule for lawsuits over inaction applies to citizenship applications too: after three months without a decision and without a sufficient reason, you can sue for failure to act (Untätigkeitsklage, § 75 VwGO). There is no special, longer deadline for naturalisation.
• In practice, courts allow naturalisation authorities more than three months. Some courts have said that 15 or even 18 months is not automatically too long.
• A permanent staff shortage is generally not a sufficient reason for delay. A temporary flood of applications after a change in the law can be.
• If you could expect a decision before you sued, the authority always bears the costs (court fees and your lawyer’s fees up to the statutory RVG rates), even if it decides after you filed (§ 161(3) VwGO). If that is unclear, or if your own late documents caused the delay, the court decides the costs at its discretion and you may have to share them.
• A lawsuit usually speeds up a decision; the court may pause the case if the authority has a sufficient reason. It does not guarantee a positive one, so check your eligibility first.

Table of contents

You applied for German citizenship many months ago. Your documents are in, your fee is paid, and nothing happens. Emails go unanswered, and the naturalisation office (Einbürgerungsbehörde) tells you only that files are processed in order of receipt.

This guide explains when you can sue a naturalisation authority for failure to act, how courts decide whether a delay is still acceptable, what it costs, and what to do before you file. It is general information based on the law and recent court decisions, not legal advice for your individual case.

Can you sue over a slow citizenship application?

Yes. If an authority has not decided on your application within a reasonable time and without a sufficient reason, you can file an action for failure to act at the administrative court. The action can generally not be filed before three months have passed since your application (in some courts, and in Hessen, counted from when the authority received the file; see below). An action can be filed before three months if special circumstances of the case require it (§ 75 VwGO).

The Higher Administrative Court of North Rhine-Westphalia (OVG NRW) confirmed in September 2025 that § 75 VwGO applies to nationality cases without restriction. Proposals to give citizenship authorities a longer waiting period, such as six or twelve months, were not adopted (OVG NRW, 19 E 359/25). As of November 2026, the Nationality Act (StAG) still contains no special rule on this.

Our general guide on how to file an Untätigkeitsklage in Germany explains the procedure step by step. This article focuses on what is different in citizenship cases.

When does the three-month period start?

It starts with your application. In the OVG NRW case, the city argued that the clock only started with the applicant’s in-person appointment, months after he had sent his written application. The court disagreed.

An application for naturalisation under § 10 StAG is generally not tied to a specific form. A written application that clearly shows you want to become a German citizen is enough, and the court found no legal rule that generally requires you to appear in person to sign the application (OVG NRW).

Some courts count the three months only from the date the authority confirms it received the application, not from the date it was submitted.

In practice, keep two kinds of proof. First, proof of the date you submitted the application: an online submission receipt, a fax report, or a registered-mail receipt. Second, proof of the date the authority received it: the authority’s confirmation of receipt. Keep both, because courts may count the three months from either date.

Special case in Hessen: the clock may start later

In Hessen you usually hand in your naturalisation application at your local naturalisation office (for example the City of Frankfurt), but the decision is made by the regional council (Regierungspräsidium Darmstadt, Gießen or Kassel). In our experience, administrative courts in Hessen have repeatedly counted the three-month waiting period only from the date the Regierungspräsidium received the file, not from the date you applied at the local office.

Example: you apply in Frankfurt on 2 April 2025 and Frankfurt forwards your file to the RP Darmstadt on 10 October 2025; the three months then only start on 10 October 2025. In other federal states, courts generally count from the date of your application. If you live in Hessen, ask the local office when your file was forwarded to the Regierungspräsidium and add that date to your timeline.

Is three months enough in a citizenship case?

Usually not in practice. Three months is the minimum waiting period, not a fixed deadline for the decision. Courts weigh your interest in a timely decision against the reasons the authority gives.

For naturalisation, several courts accept longer processing times. The Lower Saxony Higher Administrative Court has pointed out that naturalisation procedures are complex, that many security and social authorities have to be involved, and that the wish to be naturalised does not usually make a case especially urgent. Based on this, the Administrative Court of Osnabrück said in July 2026 that a processing time of 15 or even 18 months is not necessarily too long (VG Osnabrück, 7 A 5/26).

Other courts look harder at the authority. In the OVG NRW case, the total processing time exceeded 18 months, the applicant had done everything asked of him, and the court found no sufficient reason for the delay.

Bottom line: There is no fixed number of months after which you will win. The more complete your file and the longer the silence after that, the stronger your position.

What counts as a “sufficient reason” for delay?

The authority has to explain why it has not decided yet. Based on the two decisions above, courts look at reasons like these:

Reason given by the authority	How courts tend to see it
Documents or information are still missing	Can justify a delay, but only if the authority told you what exactly it needs.
Checks by other authorities (police, security services) are pending	Delays by other authorities are generally attributed to the naturalisation authority. In the OVG NRW case, a passport check stuck with the police did not justify the delay.
A temporary flood of applications, for example after the 2024 citizenship reform	Can be a sufficient reason for a limited time.
Permanent overload and too few staff	Generally not a sufficient reason. The authority and its ministry must organise enough staff.
The case is unusually complex	Can justify a longer processing time.

Both courts treated a backlog that has lasted for years as a structural problem, not a temporary one. The OVG NRW noted that hiring new staff did not change this, because it had not ended the long-term overload.

What happens after you file the lawsuit?

The court sends your lawsuit to the authority and asks it to respond, usually within a set deadline. In its response, the authority typically explains why it has not yet decided on your application. It may also send its file on your case to the court.

What if the authority has a sufficient reason for the delay?

The court first checks whether the reason for the delay is sufficient. If it is, the court pauses the case for a period it sets. This gives the authority time to decide. The court can extend this period (§ 75 VwGO).

Whether a reason is sufficient depends on the individual case. A short delay caused by pending security checks may be accepted. A general lack of staff at the authority is usually not enough in the long run. This is why each case must be checked before filing: has the authority been inactive long enough?

What if there is no sufficient reason?

The court continues the case. It can then order the authority to naturalise you or to decide on your application.

How do most cases end?

In practice, many cases end because the authority decides during the proceedings. Filing a lawsuit often speeds up the process. If you are naturalised, both sides usually declare the case closed. The court then only decides who pays the costs. This is often the authority.

What if your application is refused?

In that case, the lawsuit can usually be continued against the refusal. Please contact us quickly, because the next steps and deadlines depend on the decision.

What does an Untätigkeitsklage cost?

Two questions matter here: what the costs include and who has to pay them.

What do the costs include?

The costs consist of court fees and lawyer’s fees. Both depend on the value of the case (Streitwert), which is set by the court. For naturalisation cases, the court practice catalogue recommends twice the standard value per person, that is €10,000 per person (standard value €5,000 under § 52(2) GKG; Streitwertkatalog 2025, No. 42.1). A family applying together therefore has a higher value than a single applicant.

Who pays the costs?

If you could expect a decision before filing the lawsuit, the authority always bears the costs (§ 161(3) VwGO). This protects you if the authority only acts once you sue.

If that is unclear, the court decides on the costs at its discretion. In the Osnabrück case, the applicants had sent documents late several times, which delayed their own case. The court split the costs equally between them and the authority, even though it found strong signs of a structural staff shortage (VG Osnabrück).

If the authority has to bear the costs, it reimburses both the court fees and your lawyer’s fees. However, lawyer’s fees are only reimbursed up to the amount set by the statutory fee scale (RVG). If you have agreed a higher fee with your lawyer, you pay the difference yourself.

Our guide to immigration lawyer costs in Germany explains the fee system, and our Untätigkeitsklage service page explains how we can help.

Before you file: a checklist

• Check your eligibility. Residence period, permit type, German level, citizenship test, and income. Our German citizenship guide covers each requirement.
• Complete your file. Answer every request for documents and keep proof of what you sent and when.
• Write down your timeline: date of application, confirmation of receipt, requests for documents, your answers, and any contact with the authority.
• In Hessen, find out when your file reached the Regierungspräsidium, because courts there may count the three months from that date.
• Send one clear written reminder with your file number and a reasonable deadline, and say you will consider legal steps. Keep a copy of the reminder as proof for a later Untätigkeitsklage.
• Keep your residence permit valid. A pending citizenship application does not extend your permit. Apply for its extension on time (see § 81(4) AufenthG and our guide to an expired Fiktionsbescheinigung).

If your residence permit application is stuck as well, read Ausländerbehörde not responding? What to do before and after 3 months.

Can you get an urgent court order instead?

Rarely. An urgent application (§ 123 VwGO) needs a special urgency. Courts have said that the interest in being naturalised does not usually create such urgency on its own (Nds. OVG, quoted by VG Osnabrück). There may be exceptions in individual cases, which a lawyer can assess.

Risks to consider

• A lawsuit usually speeds up a decision; the court may pause the case if the authority has a sufficient reason. If a requirement is missing, the decision can be a refusal.
• If your own late documents caused the delay, you may have to pay part of the costs.
• If the court pauses the case, you still have to wait, but now with a court-set deadline.

FAQ

How long does German citizenship take to process?

It varies widely by city and state. The court cases above involved waits of well over a year. There is no legal maximum processing time.

Can I file the Untätigkeitsklage without a lawyer?

Yes, you can file at the administrative court yourself. Mistakes in the defendant, the application, or the timing can cost money, so many applicants use a lawyer.

Will suing make the authority treat my application worse?

The authority must apply the law in every case. The lawsuit is a normal legal remedy that asks the court to make the authority decide.

Does the three-month period restart if the authority asks for new documents?

There is no fixed restart rule. Courts look at the whole procedure. In the Osnabrück case, the court looked at the time since the file was complete. Missing documents only justify a delay if the authority told you what it needs.

Do I need to send a reminder before suing?

The law does not strictly require one, but a written reminder documents the delay and can matter for the cost decision.

This article gives general information on German law as of 11 November 2026. It is not legal advice for your individual case.

Sources

• § 75 VwGO: Action for failure to act
• § 161 VwGO: Costs decision
• § 123 VwGO: Interim orders
• § 10 StAG: Naturalisation
• § 81 AufenthG: Application for a residence title
• OVG NRW, decision of 25 September 2025, 19 E 359/25
• VG Osnabrück, decision of 14 July 2026, 7 A 5/26 (NI-VORIS)
• Streitwertkatalog für die Verwaltungsgerichtsbarkeit 2025 (No. 42.1)
• § 52 GKG: Value of the claim