'No response regarding a German residence permit or citizenship: what to

If a German government agency takes a long time to respond to an application for a residence permit, permanent residence, or citizenship, you should first verify whether a complete set of documents was submitted and whether you have a confirmation of submission. If the application has been accepted but no decision has been made without a clear reason, in some cases it is possible to file an “Untätigkeitsklage”—a lawsuit for inaction against the agency under §75 VwGO.

This is not a way to “win” a residence permit or citizenship automatically. The court does not consider the applicant’s right to a favorable decision, but rather the fact that the authority has taken too long to decide on the application or objection.

Why an application might be stalled

Delays often arise due to the heavy workload at the Ausländerbehörde, Einbürgerungsbehörde, or another competent authority. In large cities, the wait times can be longer, and responses to letters arrive slowly. In practice, delays are exacerbated when a case is transferred between agencies following a move, when the responsible officer changes, or when an application is sent for further review.

However, the reason may also lie with the applicant. For example, a document may be missing, a certificate may have expired, income may not have been verified, a current lease agreement may not have been provided, a blocked account () for a student residence permit () may not have been opened, the grounds for work-based immigration () may not have been proven (), or there may be doubts regarding the proper entry procedure.

A separate risk arises when a person attempts to obtain legal status in Germany through a procedure that is not appropriate for their situation. For example, in the case of family reunification, the requirements for a visa, the place of submission, and the necessary documents depend on the specific grounds for the application. If the wrong procedure is chosen, the agency may not expedite the case but instead request further clarification or deny the application.

What to Do Before the Trial

Before filing a complaint or lawsuit, it is advisable to gather evidence and organize your case. This is especially important if your current status is about to expire.

Check this out:

• Is there confirmation that the application was submitted: a receipt number, an Empfangsbestätigung, a letter, an email, or a record in the online system?
• whether all documents were submitted and whether the agency requested any additional information;
• Was an application for renewal filed before the current residence permit expired?
• Is a Fiktionsbescheinigung required under §81 AufenthG?;
• whether the correct agency was selected after moving;
• Are there any written reminders and responses from the agency?
• Have your circumstances changed: employment, income, address, marital status, or education?

If an application to extend an Aufenthaltstitel is filed on time, the previous status remains valid in certain cases until the agency issues a decision. This is called Fortgeltungsfiktion. Proof of this is provided by a Fiktionsbescheinigung, which the agency must issue if the application is deemed valid. The details depend on the basis for residence and the date of submission; therefore, in cases of uncertainty, it is best to consult §81 of the Residence Act (AufenthG) and assess your specific situation.

What Is an Action for Inaction Under §75 VwGO?

§75 of the Administrative Court Rules (VwGO) governs situations where, without sufficient cause, a decision on an application or objection has not been made within a reasonable time. In such cases, the lawsuit may be admissible even without the usual completion of preliminary proceedings.

General rule: A lawsuit cannot be filed earlier than three months after the application or objection was submitted. An exception is possible if special circumstances require a shorter period. If the agency has sufficient grounds for the delay, the court may stay the proceedings and grant the agency an extension.

For applications for a residence permit in Germany, permanent residence, or citizenship, this means the following: the court can urge the agency to make a decision, but it does not replace a full review of the requirements. The outcome may be a positive decision, a rejection, a request for additional documents, or the closure of the case once the agency has finally issued a decision.

When It Makes Sense to Consider an Untätigkeitsklage

An action for failure to act may be appropriate if:

• the application has been submitted and this can be proven;
• more than three months have passed, or there are special circumstances justifying an earlier filing;
• the agency does not explain the delay or provides only general, non-specific responses;
• the documents are generally complete, and the applicant has responded to requests;
• The delay poses a real risk: employment, education, travel, family status, residence permit renewal, and naturalization;
• Written reminders or inquiries regarding the status of the case had already been sent prior to the court proceedings.

The lawsuit may be weak if the documentation is incomplete, the application was filed with the wrong authority, the applicant failed to respond to the agency’s request, or the legal basis for the status is questionable.

The usual step-by-step procedure

1. Find confirmation of the application’s submission and the date from which you have been waiting.
2. Check whether the agency has requested any additional documents.
3. Send a brief written request regarding the status of the case and keep proof of submission.
4. When renewing your residence permit, be sure to request a Fiktionsbescheinigung separately if you need it for work, study, travel, or to confirm your status.
5. If you do not receive a response, send a reminder setting a reasonable deadline for a response.
6. Consult with a lawyer or an advisory center to determine whether §75 VwGO applies to your situation.
7. If necessary, file an Untätigkeitsklage with the administrative court in accordance with the rules of the Verwaltungsgericht.

What Must Be Included in the Lawsuit

The lawsuit is filed with an administrative court. It typically specifies the applicant, the defendant agency, the date the application was filed, the substance of the requested decision, the history of correspondence, the lack of a decision, and supporting evidence. Copies of the application, the filing receipt, letters from the agency, sent reminders, and missing responses are attached to the documents.

The form and jurisdiction depend on the state and the specific agency. In legally complex cases, it is best not to rely solely on a template found online: an error in the defendant, the claim, or the evidence can further delay the process.

What the court can do

After the lawsuit is filed, the court usually requests the agency’s position. Several scenarios are possible from there:

• the agency issues a decision quickly, and the dispute over inaction effectively ends;
• The agency explains the delay, and the court assesses whether the reason is sufficient;
• The court sets a deadline by which the agency must proceed with the case;
• Proceedings are suspended if there are objective obstacles;
• The applicant receives a denial and then decides whether to appeal that specific denial.

Staff overload alone is not always a convincing explanation for prolonged inaction, but the court evaluates the entire context: the complexity of the case, the applicant’s conduct, the completeness of the documents, and the specific circumstances of the agency.

Timelines and Costs

There is no standard timeframe for resolving an Untätigkeitsklage. Some cases are resolved quickly because the agency issues a decision after receiving the court’s request. Others take months, especially if the case is complex or the court is overburdened.

Costs also cannot be reliably estimated based on a single, universal figure. They depend on the Streitwert, court fees, attorney representation, the scope of work, and the outcome of the case. Before filing, it is advisable to request a cost estimate from an attorney and check whether Beratungshilfe, Prozesskostenhilfe, or legal expenses insurance is available.

If the case is decided in the applicant’s favor, part of the costs may be imposed on the agency, but this is not automatically guaranteed in all scenarios. The issue of costs is determined according to the rules of the specific proceeding.

Common Mistakes

• Relying on verbal promises and failing to document correspondence in writing.
• Filing a lawsuit without first verifying that the application has actually been accepted.
• Ignore the agency’s requests for additional documents.
• Do not confuse a delay with a rejection: after a rejection, a different procedure and different deadlines apply.
• Assuming that an action for inaction guarantees a positive outcome.
• Delaying the issuance of a Fiktionsbescheinigung if the current residence permit is about to expire.

Brief Conclusion

If you have not received a response to your application for a residence permit, permanent residence, or German citizenship, first gather proof of submission, verify that your documents are complete, and request the status of your case in writing. After waiting three months without sufficient justification, §75 VwGO may provide grounds for an Untätigkeitsklage. However, this is a legal tool to obtain a decision, not a guarantee of the desired outcome; therefore, in complex immigration and citizenship cases, it is best to assess the risks in advance with a specialist in the field.