Here you learn ...
… how long it takes to process a visa application in Germany
… how you can avoid long visa processing times
… how you can speed up the processing of ongoing applications
… what you can do in particularly urgent cases and emergencies
Written by:
lawyer
Publication date:
December 23, 2024
Reading time
9 minutes
Table of Content
1. How long does the visa process take?
2. Why does processing take so long?
3. Acceleration of application processing through own measures
3.1 Acceleration through document compilation
3.2 Acceleration of appointment booking
4. Accelerating the process through prior approvals
4.1 Preliminary approval of the Federal Employment Agency
4.2 Prior approval of the immigration authorities/accelerated skilled worker procedure
5. Accelerate the process with the help of a lawyer
5.1 Acceleration principle
5.2 Action for failure to act
5.3 Notice of delay
6. Processing time in emergency cases (interim injunction)
1. How long does the visa process in Germany take?
How long a visa process takes in Germany depends on many factors. The decisive factors are sometimes the country or embassy in which the visa process takes place, the type of visa being applied for and how well the documents and information are prepared. The responsible embassy or immigration authority in particular often plays a major role. While processing in Western countries (e.g. USA and Europe) is usually comparatively quick , the same process can take many months or even years in other countries. This is especially true for countries from which many visa applications are submitted and in which the document and administrative systems are very different from those in Germany (e.g. Pakistan, Iran, India, Turkey and African countries). The authentication and translation of documents (lawyer verification) alone can take several months. In addition, the embassies in these countries are usually extremely overloaded and have too few staff.
The type of visa applied for is also important for determining the processing time. In principle, certain visas are processed more quickly than others because of the corresponding internal guidelines. For example, D visas for employment (especially the EU Blue Card ) are processed comparatively quickly, while visas for family reunification do not have priority in processing and are therefore only issued on a secondary basis. The type of visa issued often also influences whether processing takes place at the embassy or at an external service provider (e.g. VFS Global or TLScontact).
2. Why does visa processing take so long?
There are various reasons for the long processing times for visa applications in Germany. Some of these reasons can be influenced and some cannot.
The following reasons are usually responsible for long processing times:
Factors that cannot be influenced:
Lack of or poorly trained staff at the embassy or immigration office
High number of visa applications in the respective country
Major differences between the German and foreign administrative systems (translation and certification)
Factors that can be influenced:
quality of the submitted documents
Correct documents submitted in the correct order
Information and details are complete and credible
Ultimately, the speed of processing also depends on how much “pressure” is put on the authorities. Although the authorities process the applications in the order in which they are received, lawyers in particular have various options to speed up processing (e.g. lawsuit and interim injunction). As a result, these applications are then given priority, which means that the other applications are only processed at a lower priority.
CONTACT US
Are you looking for a lawyer in German immigration and foreigners law? Our lawyers will be happy to support you in residence procedures before embassies, immigration authorities and administrative courts in Germany..
Contact us to book a consultation via video call! with a German Attorney for immigration law!
VISAGUARD.Berlin Legal Services
3. Acceleration of application processing through own measures
The processing of visa applications in Germany can be accelerated by various actions. The relevant measures must be differentiated according to the stage at which the visa application is currently at.
A visa application usually proceeds as follows:
1. Collection of documents
2. Booking the appointment
3. Attendance at the embassy appointment
At all stages of the application processing, it is possible to contribute to speeding up the process through your own involvement .
3.1 Save time through well-organized documents
One of the most important time savers is usually the careful and complete collection of the required documents. Embassies process thousands of visa applications at the same time and it takes an extremely long time if applications or information are incomplete. In this case, the embassy or immigration office has to pause processing the application, contact the applicant and ask them to resubmit a document or information. These correction loops take an extremely long time.
The careful compilation of documents is usually not difficult. Every embassy and every major immigration authority has a list of the documents required on their respective website (see e.g. List of documents required for the EU Blue Card in India (Mumbai) ). The information sheets on the homepage contain all the information necessary to present the right documents and the right information at the embassy appointment. If you follow the embassy's instructions during the application process, the application processing can be significantly accelerated. If necessary, you can seek professional support to clarify before submitting whether your application contains all the necessary information and whether the right documents are submitted in the right order.
3.2 Save time when booking an appointment/no appointment available
In some countries, booking an appointment using the RK visa also takes a considerable amount of time. Applicants are normally able to book a predefined embassy appointment using the embassy's online appointment booking system (RK visa). In the best case, applicants can choose one of several appointments. However, some embassies no longer offer the RK visa, and instead allocate an appointment after registration on a waiting list . In these cases, booking an appointment can take several years. In the area of family reunification in particular, waiting times of several years are not uncommon (e.g. in Pakistan, Nigeria and Russia). Faster processing can usually only be achieved with the help of a lawyer specializing in immigration law .
In countries where appointments are not made via a registration system but only via a waiting list, the waiting times for an appointment are usually very long. In these countries, the following waiting times can currently be expected (for family reunification visas):
Athens (Greece): 30 weeks
Beirut (Lebanon and Syria): 24 weeks to more than 1 year
Belgrade (Serbia): More than 1 year
Islamabad (Pakistan and Afghanistan): More than 1 year
Istanbul (Türkiye): up to 50 weeks
Cairo (Egypt): 15 - 35 weeks
Lagos (Nigeria): 51 weeks
Moscow (Russia): Unknown
New Delhi India): 28 - 52 weeks
Tehran (Iran): Over 1 year
The times listed are only rough guidelines. Although the federal government regularly publishes relevant statistics , these do not always correspond to reality. The lists can also change quickly within a few days due to geopolitical events (e.g. natural disasters and wars).
However, it should also be noted here that the law only gives embassies three months to process an application ( Section 75 of the Administrative Court Act ). If you submit a visa application (e.g. in writing), the embassy must decide on the application within three months. If it does not do this, the authority's inaction can be challenged in court ( so-called action for failure to act ). However, submitting a written visa application (without an appointment) is comparatively complicated, as all documents relevant to the decision must be attached to the application in order to start the three-month period. If in doubt, you should therefore hire a lawyer specializing in immigration law if you cannot get an appointment at the embassy. This lawyer can speed up the process by filing an action for failure to act.
4. Accelerating the process through prior approvals
Visa applications and residence permit applications can also be accelerated by applying for what is known as “ pre-approval ”. Pre-approval involves obtaining approval from other authorities before the actual visa process begins, so that these authorities no longer have to give their approval during the visa process. This can speed up the visa process.
Advance approvals can be applied for at the Federal Employment Agency, the immigration authorities and the central offices for skilled immigration. Unfortunately, this hardly works in practice because the authorities are massively overloaded. As a result, applicants sometimes wait as long for advance approval as they do for visa processing. However, the processing speed for advance approvals has increased significantly in recent years (as of December 23, 2024).
With regard to the advance approval, it should also be noted that special appointments are usually made at the embassies for advance approvals. However, these appointments are also rarely available. The only exception to this can be the accelerated skilled worker procedure in certain individual cases in accordance with Section 81a of the Residence Act . Here too, however, the practicability depends on which authority is carrying out the accelerated skilled worker procedure.
5. Accelerate the process with the help of a lawyer
If you do not achieve any progress in processing speed with the measures described, you can hire an immigration lawyer to enforce your claims . An immigration lawyer can use German administrative law to speed up the processing of applications. In practical terms, this is done by representing you before the authorities. The authorities often only respond when a lawyer makes a request , as lawyers contact the authorities via a special communication system (see special electronic lawyer's mailbox (beA) on Wikipedia) and can use legal means.
5.1 Acceleration principle
For example, a lawyer can get the authority to apply the administrative law principle of acceleration . According to Section 10, sentence 2 of the Administrative Procedure Act , embassies and immigration authorities must carry out the procedure “quickly” . This means that unnecessary delays should be avoided and efforts should be made to complete the administrative procedure. The administrative law principle of acceleration is part of German law and the rule of law principle, which is why embassies and immigration authorities are bound by it.
5.2 Action for failure to act
If the embassy or immigration authorities cannot be persuaded to speed up the processing of the visa application, even with the representation of a lawyer, the only thing that usually helps is the threat of an action for failure to act (§ 75 VwGO) . An action for failure to act is an administrative action that forces the authority to decide on the visa application.
For which applications does the action for failure to act apply?
The action for failure to act can always be used when the issuance of a residence permit is requested. The action for failure to act cannot, however, be used for prior approvals (in particular for state reception programs and prior approvals from the Federal Employment Agency), as these are merely internal administrative matters with no external effect. The action for failure to act also works for naturalization applications (see VISAGUARD Guide to the action for failure to act in the case of naturalizations ).
How does the action for failure to act work?
Like other legal remedies in the right of residence, the action for failure to act is a form of action before the administrative court. If the case before the administrative court is won, the court will force the immigration authorities or the embassy to decide on the application for a residence permit. In practice, the "Berlin settlement" is particularly relevant here. The content of the Berlin settlement is that the embassy issues the visa and the plaintiff withdraws the action before the administrative court and bears the costs.
How much does the action for failure to act cost?
The costs of the action for failure to act are determined by the value in dispute. The value in dispute is determined according to the Court Costs Act (GVG). Court fees of EUR 483 are generally incurred. If you commission a lawyer to file the action, you must also pay his fees.
When can I file an action for failure to act?
The action for failure to act can be brought if the authority has not yet decided on your application after three months. The deadline begins when the authority has all the necessary documents to process the application. This is usually the case when the visa appointment has already been completed. However, this is not mandatory, as visa applications can also be submitted in writing (and even electronically).
5.3 Notice of delay
If the action for failure to act is also unsuccessful, a so-called “delay complaint” can be filed with the court ( Section 198 GVG ). The delay complaint entitles the person to compensation if a disadvantage has been suffered because the court proceedings have taken too long. The compensation amounts to an average of EUR 100 for each month that the proceedings have been delayed. Filing a delay complaint often leads to the court proceedings being accelerated.
CONTACT US
Are you looking for a lawyer in German immigration and foreigners law? Our lawyers will be happy to support you in residence procedures before embassies, immigration authorities and administrative courts in Germany..
Contact us to book a consultation via video call! with a German Attorney for immigration law!
VISAGUARD.Berlin Legal Services
6. Processing time in emergency cases
The situations described earlier in this article only cover the normal case where the visa application is not based on an emergency. However, if an emergency is found, special measures can be taken.
What is an emergency?
An emergency always exists when there is a significant risk of impairment of a legal interest . This can be the case in the following situations:
humanitarian crises (wars and natural disasters),
medical emergencies and medical transport to Germany,
Birth of a child in Germany,
Funerals in Germany.
What can I do if it is an emergency (emergency visa)?
In these cases, a special appointment can be made at the embassy. If the embassy does not respond, a so-called “interim injunction” can be requested from the Berlin Administrative Court ( Section 123 VwGO ). The court will then instruct the embassy to issue a visa within a few hours or days if it is indeed an emergency. The procedure can be carried out by any lawyer admitted to practice in Germany.
This may also interest you ...
Further Information
Literature: NK-VwGO/Michael Brenner, 2018, VwGO § 75 Rn. 1-88
Literature: Schoch/Schneider/Porsch, 45th edition January 2024, VwGO § 75
