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Action for failure to act in the case of naturalization or application for a residence permit

As a specialist lawyer for immigration law, I am happy to assist you with any questions you may have regarding immigration, residence, company formation or obtaining German citizenship.

Action for failure to act in the case of naturalization or application for a residence permit – your legal recourse in the absence of a decision from the authorities

Have you been waiting for months for a decision on your naturalization application – and nothing has happened? This stressful situation affects not only you as the applicant, but often your entire family. Without a response from the immigration authorities, key areas of life such as family reunification, professional development, or travel abroad remain in limbo.

Especially when applying for German citizenship, the process often drags on for months without any response. This leads to great uncertainty and psychological stress.

But you don’t have to simply accept that. If the authority does not make a decision for more than three months, you have the right to Action for failure to act pursuant to Section 75 of the Administrative Court Act (VwGO).

Attorney Sandra Zimmerling (SZ Legal) specializes in migration law and supports you in breaking the administrative deadlock and effectively asserting your interests.

The immigration authorities are not responding – what now?

Long processing times for naturalization, residence permits, or permanent residence permits are not uncommon – but they shouldn't become a permanent burden. If you don't receive a response for weeks or even months, it's no longer just a matter of formalities – it's a matter of your life planning.

Many of those affected experience frustration, uncertainty and fear during this time – especially if they have already had bad experiences with the authorities.

The legal situation is clear: you are entitled to a decision within a reasonable period of time.

If more than three months pass without a response, you can file a claim for failure to act with legal assistance. SZ Legal will assist you in this process – from assessing your chances of success to professionally filing your claim with the administrative court.

The responsibility lies with the authority – not with you

Applications for naturalization or residence permits remain unanswered for months at many authorities. The reasons? Often overload, staff shortages, or internal processes – but these are no legally permissible reason for a delay.

Courts confirm this view:

The Regional Court of Aachen (05.10.2005 – 4 O 38/04) assessed official inaction as a breach of official duty.
The Higher Administrative Court of Bautzen (February 14, 2023 – 3 E 2/23) also made it clear: Overwork and illness do not justify long delays.

SZ Legal supports you in enforcing your rights if the authorities do not take action.

Action for failure to act – what is it?

The Action for failure to act is an effective tool for applicants whose applications are not being processed by the immigration or naturalization authorities. It is regulated in Section 75 of the Administrative Court Procedure Code (VwGO) and is intended to oblige the authority to make a decision.

Typical use cases:

Naturalization application without feedback
Objection to a decision without response
Applications for residence permits, e.g. a Blue Card or settlement permit, without a decision within three months

The lawsuit ensures that the authority has to deal with your application. Reasons such as staff shortages are considered not as an apology.

Attorney Sandra Zimmerling ensures effective preparation of your lawsuit, minimizes risks and increases your chances of success.

Requirements for an action for failure to act – what you need to consider

For an action for failure to act to be admissible, certain conditions must be met:

You have submitted a complete application (e.g. B. in writing or by email).
A period of at least three months has passed without a decision being taken.
There are no objective reasons for the delay (e.g. B. missing documents or complex audits).

If a decision has already been made, the lawsuit is automatically settled – the court then only decides on the costs.

SZ Legal will check for you in advance whether the requirements are met, and accompanies you legally through the process.

Before filing a lawsuit: What you should consider

Even if an action for failure to act is theoretically possible without a lawyer, in practice legal representation is strongly recommended.

Attorney Sandra Zimmerling:

checks your documents and deadlines,
realistically assesses your chances of success,
warns against premature filing of legal action (e.g. B. in the case of incomplete applications),
and, if necessary, writes a legal reminder to the authority in advance – often with an accelerating effect.

This will help you avoid unnecessary costs and gain clarity about your next steps.

How much does an action for failure to act cost?

The court costs depend on the value in dispute – in naturalization proceedings this is usually 10,000 euros, which leads to 798euro Court costs If other family members are involved, the value in dispute increases accordingly.

In addition, legal fees will be charged – either on the basis of a fee agreement or according to statutory remuneration.

Good to know: If your claim is successful, the authority must usually bear the costs – both court and legal fees, insofar as they correspond to the statutory fee.

SZ Legal informs you transparently in advance about all costs, risks and prospects of success – so that you can make legally sound decisions.

Make an inquiry now

We will be happy to advise you comprehensively and personally on your concerns.

Your right: Act instead of waiting

Months of inactivity by the immigration or naturalization authorities is not a situation you can simply accept. Whether it's naturalization, residency, or an appeal – an action for failure to act under Section 75 of the Administrative Court Code (VwGO) provides you with an effective tool to get the process moving.

Attorney Sandra Zimmerling advises you individually, examines your options and, if desired, takes over complete legal representation – from the legal reminder to the filing of the lawsuit.

Arrange your personal consultation now – and ensure that your rights are no longer on hold.