HERE YOU LEARN ...
... how long it takes to process a visa application in Germany
... why the processing time is so long in some cases
... how you can avoid long processing times when applying for a visa
... how you can speed up the processing of visa procedures that are already underway
... what you can do in particularly urgent cases and emergencies
Written by:
Attorney
Publication date:
04.07.2024
Reading time
9 mins
Table of Content
1. How long does the visa process take?
2. Why does processing take so long?
3. Accelerating application processing through own measures
3.1 Acceleration through document compilation
3.2 Acceleration of appointment booking
4. Accelerating the process through advance approvals
4.1 Preliminary approval by the Federal Employment Agency
4.2 Prior approval of the immigration authorities/accelerated skilled worker procedure
5. Speed up the process with the help of a lawyer
5.1 Acceleration principle
5.2 Action for failure to act
5.3 Notice of delay
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 at the same time the document and administrative systems are very different from those in Germany (e.g. Pakistan, Iran, India, Turkey and African countries). The certification 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 relatively quickly, while visas for family reunification do not have priority in processing and are therefore only issued on a lower priority 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 documents submitted
Correct documents submitted in the correct order
Information and details 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.
3. Accelerating 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 simultaneously 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 embassies' 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).
Here too, however, it should be noted that the law only allows embassies three months to process an application. So if you submit a visa application (e.g. in writing), the embassy must decide on this 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 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.
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 embassies' 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).
Here too, however, it should be noted that the law only allows embassies three months to process an application. So if you submit a visa application (e.g. in writing), the embassy must decide on this 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 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 advance 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 wait for visa processing. In addition, 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. Here, too, the practicability depends on which authority is carrying out the accelerated skilled worker procedure.
5. Speed up the process with the help of a lawyer
If the measures described do not help you to speed up the processing, you can hire an immigration lawyer to enforce your claims. An immigration lawyer can use German administrative law to speed up the processing of your application. In practical terms, this is done by representing you before the authorities. The authorities often only respond when a lawyer asks them, as lawyers can contact the authorities via a special communication system and 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 foreigners authority cannot be persuaded to speed up the processing of the visa application, even when represented by a lawyer, the only thing that usually helps is the threat of an action for failure to act. The action for failure to act is an action under administrative law which forces the authority to decide on the visa application.
For which applications does the action for failure to act work?
The action for failure to act can always be used if the granting of a residence permit is sought. However, the action for failure to act cannot be used for preliminary approvals (in particular for state admission programs and preliminary approval by the Federal Employment Agency), as these are merely internal administrative matters with no external effect.
How does the action for failure to act work?
Like other legal remedies in residence law, the action for failure to act is a form of action before the administrative court. If the case is won before the administrative court, the court will force the immigration authority or embassy to make a decision 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.
What does the action for failure to act cost?
The costs of the action for failure to act are determined by the amount in dispute. The amount in dispute is determined in accordance with the German Court Costs Act (GVG). In principle, court fees of EUR 483 are incurred. If you instruct a lawyer to take legal action, you must also pay the lawyer's fees.
When can I file an action for failure to act?
An action for failure to act can be brought if the authority has not made a decision on your application after three months. The time limit starts to run when the authority has all the necessary documents for processing the application. This is usually the case if 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 Appeal against delay
If the action for failure to act is not successful either, a so-called “complaint of delay” can be lodged with the court (Section 198 GVG). The complaint of delay entitles the claimant to compensation if a disadvantage has been suffered because the court proceedings are taking too long. The compensation amounts to an average of EUR 100 for each month that the proceedings have been delayed. Filing a complaint of delay often leads to the court proceedings being accelerated.
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 it is an emergency, 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. 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.
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Literature: NK-VwGO/Michael Brenner, 5th edition 2018, VwGO § 75 Rn. 1-88
Literature: Schoch/Schneider/Porsch, 45th edition January 2024, VwGO § 75
