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Lawsuit for Failure to Act (Untätigkeitsklage)

Lawsuit for Failure to Act (Untätigkeitsklage)

Lawsuit for Failure to Act (Untätigkeitsklage)

We support you in enforcing your rights when authorities fail to decide within the required timeframes – ensuring timely processing of your application.

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In summary

Have you been waiting months for a decision from the immigration authority without anything happening? Find out here under what conditions an action for failure to act (Untätigkeitsklage) is possible and how it can compel a decision.


The action for failure to act is a legal remedy that gives you the right to compel a decision from the authority when it has remained inactive for an unreasonably long period, so you no longer have to remain in uncertainty.

When the Authority Fails to Decide

  • Immigration authorities are legally required to decide on applications within a reasonable period.
  • In practice, however, procedures are often left unprocessed for months or even years without any identifiable reason.
  • If a decision remains outstanding for an unreasonably long time, you can file an action for failure to act before the administrative court (Verwaltungsgericht) to compel a decision.

Advantages of an Action for Failure to Act

  • Faster processing: Authorities often issue a decision shortly after the lawsuit is filed in order to avoid court proceedings.
  • Legal pressure: The court sets a deadline for the authority to decide or respond.
  • Often low cost risk: If the authority decides in your favor after the lawsuit is filed, it generally bears the cost of the proceedings.
  • Clarity instead of uncertainty: You finally receive a binding decision instead of waiting indefinitely for a response.
  • No disadvantages from waiting time: Your rights are protected, and the authority's lengthy processing time does not work to your disadvantage.

Requirements

  • An action for failure to act is generally possible when:
  • You have submitted a complete application to the responsible authority.
  • At least 3 months have generally passed since the application was filed, without any decision having been made.
  • There is no objective reason apparent that would justify the lengthy processing time.
  • You have previously attempted, without success, to have the authority process your application.

How We Support You

  • We first assess whether the requirements for an action for failure to act are met in your case and contact the responsible authority to request a decision.
  • If this is unsuccessful, we prepare the lawsuit before the competent administrative court and represent you throughout the entire court proceedings.
  • We keep you informed of the status of your case at all times.

Costs

Unlike many law firms, we do not charge by the hour, protecting our clients from unpredictable and often high costs. Instead, we work with a fixed price.

Our fee for taking on your case is € 2,249.00 gross. To our knowledge, this is currently a particularly attractive fixed-price offer.

VISALABS: Your Path to Judicial Enforcement

VISALABS has already successfully supported numerous actions for failure to act in immigration law. Thanks to our extensive experience in administrative law, we support you competently and efficiently in compelling a decision from the authority. Through our intuitive application portal, we collect the necessary documents in a structured way within a short time. Once we have all the documents, our specialized attorneys carefully review your case. Should any questions arise, we will contact you promptly to find a solution together.

We are also available to answer your questions throughout the ongoing procedure, at no additional cost. We take care of the necessary steps so that your procedure can be carried out as quickly and smoothly as possible.

If you are interested in filing an action for failure to act, you can contact us at any time for a free initial personal consultation. In this consultation, we will gladly assess whether you meet the requirements and inform you about the next steps.

Processing Steps

Your path to citizenship or a residence permit – step by step

1. Free Self-Test

3 Minutes

Find out in a few minutes whether you qualify. Free and without obligation.

  • Check eligibility requirements
  • Fill in the contact form
  • Schedule a free call

2. Free Phone Consultation

15 Minutes

In a personal call, we review all requirements together and clarify the next steps.

  • Review eligibility requirements
  • Discuss the process
  • Discuss the costs

3. Preparing Your Application

1 - 2 Days

Upload your documents via our application portal and we take care of preparing your application.

  • Upload documents
  • Documents are reviewed
  • Application is submitted

4. Authority Reviews the Application

3 - 6 Months*

We handle all communication with the authorities and keep your case on track.

  • Answering inquiries
  • Regular updates
  • Decision received

*Processing times depend on the responsible authority and may vary in individual cases.

What our clients say

More than 1,000 cases handled in immigration and citizenship law.

 
 
 
  
 
 
 
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 Daria Shingareva 
 
 
 
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I am incredibly happy with the support I received from Daniel. He offers a free initial consultation, which was extremely helpful and honestly quite rare to find. Throughout the whole process he gave me valuable advice, always went the extra mile, and supported me in such a friendly and reassuring way. After waiting almost a year for my citizenship application with no progress, Daniel managed to move things forward and make it happen in less than two months. I cannot recommend Daniel enough, truly outstanding personality and service!
  
 
  
 
 
 
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 David Adusei 
 
 
 
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Daniel, Daniel, Daniel. The less said the better. His work ethic, dedication and integrity is something to write about.
  
 
  
 
 
 
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 Naga Sanagapalli 
 
 
 
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I had meeting with Daniel regarding the residence permit. His experience and explanation makes your worries go away. Proactive in response and sound knowledge in immigration Law.
  
 
  
 
 
 
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 Valerie Lee 
 
 
 
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I'm really grateful for all the information and for clarifying all the questions regarding visa procedures and citizenship. It was so easy to book an initial consultation with Daniel and discuss my case. Thanks a lot!
  
 
  
 
 
 
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 leophers chamarime profile picture 
 
 
 leophers chamarime 
 
 
 
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Daniel was incredibly helpful, and he took his time to explain everything clearly. I'm very grateful for his support and would highly recommend Daniel to anyone seeking expert consultancy. He is ther best.
  
 
  
 
 
 
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 Nidhi Patel profile picture 
 
 
 Nidhi Patel 
 
 
 
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Daniel is an amazing lawyer who really understands your case and understands that expats really require help while trying to set up a life here in Germany. From a lawyer one expects great communication and trust- both of which I got from Daniel in my short 30/40 mins call.
Definitely recommend his services.
  
 
  
 
 
 
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 Florde Zevallos 
 
 
 
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Daniel was very professional and supportive. He explained everything clearly, gave me answers I couldn’t get from the authorities in Germany, and took the time to listen to my concerns. His honesty and knowledge gave me a lot of confidence. I definitely recommend him!
  
 
  
 
 
 
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 Katharina profile picture 
 
 
 Katharina 
 
 
 
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Absolut top! Ich hatte eine Frage zum Visum fuer eine Cousine und anstatt mir im Erstgespraech etwas aufzuquatschen, hat Daniel mir genau erklaert wie der Prozess ablaeuft und dass ich den auch eigenstaendig durchfuehren kann. Hat mit pragmatischen, auch fuer Laien-tauglichen Tipps nicht gegeizt. Bei einer Nachfrage via Email kam sofort eine Antwort. Werde den Visumsprozess jetzt allein anstossen, aber sofort auf Visalabs zurueckgreifen sollte ich doch noch Rechtsbeistand brauchen. Ganz toll.
  
 
  
 
 
 
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 Luciana Lopez profile picture 
 
 
 Luciana Lopez 
 
 
 
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I had an excellent experience working with Daniel on my German citizenship process. From the very first consultation, he explained everything clearly and made the whole process easy to understand. It was immediately clear that he is highly competent and experienced in this area.

Throughout the entire process, Daniel was always available, extremely supportive, and quick to answer any questions I had. Thanks to his guidance, I received my citizenship in a very short amount of time, and I truly believe Daniel played a major role in making that possible.

I can wholeheartedly recommend Daniel to anyone looking for professional, reliable, and effective legal support.
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