No Response from the Immigration Office? - A Lawsuit Could Be the Solution

If your application has remained unprocessed for months without any feedback, you don't have to accept this! An inaction lawsuit can help expedite the process and enforce your rights. Learn when and how you can take action against the delay.

What Is an Lawsuit because of Inaction?

If the immigration office does not respond to your application, you have the option to file an inaction lawsuit under § 75 VwGO. This lawsuit can compel the authority to make a decision if your application has been unanswered for more than three months. The lawsuit is filed with the administrative court and prompts the authority to finally make a decision.

Procedure of an Inaction Lawsuit

If an inaction lawsuit is applicable in your case, you should first gather all relevant documents that support your claim. These include:

• Your complete application

• Proof of communication with the immigration office (e.g., emails, letters, registered mail)

Collect all documents you have sent to or received from the authority. Ensure that the correspondence pertains solely to your application.

Drafting the Complaint

Next, the Cetin Law Firm will draft your inaction lawsuit, naming the immigration office as the defendant. The complaint should include:

• Your personal details as the plaintiff

• The immigration office as the defendant

• Justification of the lawsuit – the ongoing non-processing of your application

• Detailed explanation of your situation, supported by relevant documents

Once your complaint is fully drafted and submitted with all evidence, you can proceed to pay the applicable court fees. Only after this will the administrative court initiate the procedure and request the authority's statement.

Duration of an Inaction Lawsuit

An inaction lawsuit against the immigration office can expedite the processing time of your application. Although the duration of the procedure depends on the workload of the responsible court and the complexity of your case, authorities often respond more promptly once a court is involved. This helps avoid lengthy and costly legal proceedings. In many cases, the lawsuit leads to a quicker decision, ensuring your application is processed without unnecessary delays.

Costs of an Inaction Lawsuit

The costs consist of:

• Court fees

• Attorney fees

The complexity of the application procedures makes the difference here. We generally only file lawsuits when the prospects of success are positive. In this case, you will receive a large portion or even all costs back.

Requirements for an Inaction Lawsuit

An inaction lawsuit against the immigration office can expedite the processing time of your application. However, certain conditions must be met:

• Elapsed Deadline: Before filing a lawsuit, the applicant must wait a minimum of three months, according to Section 75 Sentence 2 VwGO. This period allows the authority sufficient time to process the application.

• Complete Application: You have submitted your application in full, so no further information or documents are missing.

• No Sufficient Reason for Delay: There are no valid reasons for the delay. For example, staff shortages are generally not considered a sufficient reason.

If these conditions are met, you can consider an inaction lawsuit to prompt the authority to make a decision.

How the Cetin Law Firm Supports You

The Cetin Law Firm supports you competently in enforcing your rights against the immigration office. Especially in cases of inaction lawsuits, the firm offers the following services:

• Review of Your Application: The firm analyzes your application for naturalization or permanent residence to ensure that all necessary documents have been submitted completely and correctly. A complete application is a prerequisite for filing an inaction lawsuit.

• Advice on Legal Options: If the authority has not decided on your application within the legally prescribed three months, the firm advises you on the possibility and prospects of success of an inaction lawsuit. It is examined whether the authority can provide a valid reason for the delay.

• Representation in Court: In the event of an inaction lawsuit, the firm assumes legal representation before the administrative court. It ensures that your interests are protected and that the authority is prompted to decide on your application.

With the support of the Cetin Law Firm, you can ensure that your application is processed promptly and your rights are protected.