Court proceedings immigration law Germany
All necessary information about legal proceedings regarding visa law in Germany (remonstration, action for failure to act, compensation for damages)
Here you learn ...
... when a remonstration has a chance of success
… in which cases you can file an action for failure to act
… how the legal process for visa applications in Germany works
… what the court proceedings in immigration law cost
Author
lawyer
Reading Time
11 Min.
Release Date
03.02.2025
Table of Content
1. Germany lawsuit immigration law
2. Remonstration in case of visa rejection notices
3. Actions for failure to act and urgent cases
4. Compensation for loss of wages or job loss
5. Course of a court procedure
6. Costs of litigation under visa law
1. Germany lawsuit immigration law
Court proceedings in immigration law play a central role for applicants, companies and lawyers when official decisions are incorrect or take an unreasonably long time . Those affected are often faced with the challenge of defending themselves against rejection notices, long processing times or incorrect decisions by the authorities. The legal options range from remonstrances to actions for failure to act and interim injunctions in emergency cases.
This guide provides an overview of the most important application cases, from contesting a visa rejection decision to asserting claims for damages in the event of economic disadvantages due to delayed proceedings. It also explains how a court case in immigration law works, which deadlines must be observed and what the chances of success are. You will also find out what the respective court cases cost. However, if you are looking for representation in criminal proceedings (e.g. for overstay), we recommend our VISAGUARD guide to immigration criminal law .
2. Remonstration in visa law
A rejected visa is a serious setback for many applicants. However, not every rejection is legitimate - there is often the option of defending yourself with a remonstration. The remonstration is a special legal remedy that the Federal Foreign Office has set up to monitor visa decisions . This allows applicants to apply directly to the relevant embassy or consulate general for a re-examination of the rejection . The remonstration is only possible if the legal remedy instructions in the rejection notice explicitly mention this option. If this information is missing, the only option is to file a direct complaint with the administrative court.
Procedure of the Remonstration Procedure (Visa Procedure)
The remonstration procedure at the embassy is as follows:
New review according to the four-eyes principle : Another embassy official checks the decision.
Submission of new documents: Applicants can provide additional evidence (e.g. an employment contract confirming willingness to return) to justify why the visa should be granted and formally present arguments (e.g. lack of justification as a source of error or no hearing)
Chances of success: If the remonstration is well-founded and supported by new documents, the embassy will overturn the rejection and issue the visa.
What is the most common case of remonstrance?
By far the most remonstrances are filed and negotiated when a Schengen visa is refused due to a lack of "willingness to return" or a lack of desire to return. We have written a separate VISAGUARD guide for this very practical case of refusal due to a lack of desire to return .
How long is the period for appeal in the visa process?
An appeal against a visa rejection is only possible within certain deadlines. Anyone who misses these deadlines loses the right to have the decision re-examined and must submit a new visa application. In principle, the appeal must be submitted within one month of delivery (if the rejection notice contains instructions on legal remedies). If no instructions on legal remedies are available, the appeal can be made within one year of notification of the rejection.
Can I file a complaint during the remonstration process?
Yes, you can file a complaint both during and after the appeal process. If you want to file a complaint against the initial decision, you must do so within the one-month period for filing a complaint. If you miss this period, you must wait for the appeal process to end and then file a complaint against the appeal decision.
In what form must the remonstration be submitted?
The remonstration is basically an informal legal remedy (see Section 10 VwVfG). However, the visa handbook requires that the remonstration must be signed (see visa handbook, remonstration procedure, 76th supplementary delivery, as of: 03/2023, page 3 / 12). The remonstration must therefore always be submitted by letter, fax or by scan and mail by email . The only exception is for lawyers, who can also submit remonstrances by email if they provide a lawyer with a guarantee that they have the proper authorization.
Does the remonstration have to be justified?
No, the remonstration does not have to be justified. Nevertheless, a justification is of course advantageous, since without justification it is unlikely that the embassy will change its mind.
In which language must the protest be submitted?
The official language is German (analogous to Section 23 Paragraph 1 of the Administrative Procedure Act). This also applies in principle to the remonstration procedure. The embassy can also accept remonstrances in English, but is not obliged to do so. If in doubt, you can simply translate your letter using a language program (e.g. DeepL or ChatGPT).
How much does it cost to appeal a visa application?
The remonstration is free of charge (unlike the objection procedure). The foreign representations (i.e. embassies, see Section 71 Paragraph 2 of the Residence Act) are responsible for the remonstration. However, if a lawyer carries out the remonstration, the lawyer must also be paid.
How long does the remonstration process take?
The remonstration procedure usually takes up to 3 months (Visa Handbook of the Federal Foreign Office, Remonstration Procedure, 76th supplementary delivery, as of: 03/2023, page 5 / 12).
When is a remonstration worthwhile?
The remonstration is worthwhile in the following cases:
If the refusal is incorrect or insufficiently justified.
If new evidence or documents can be presented.
If the message has overlooked or misjudged important aspects.
What is the difference between remonstration and objection in the visa procedure?
Many applicants assume that they can appeal against a negative visa decision. But this is a mistake. In principle, an appeal procedure is provided for against negative administrative acts. However, the embassies and consulates are part of the Federal Foreign Office and are considered the highest federal authorities according to Section 2 GAD. This eliminates the possibility of an appeal - as stipulated in Section 68 Paragraph 1 Sentence 2 No. 1 VwGO. However, the remonstration is very similar to the objection (e.g. with regard to the legal consequences and the deadline), but with some crucial differences (e.g. no statutory requirement for the written form of a remonstration). According to the Federal Foreign Office's visa handbook (Remonstration procedure, 76th supplementary delivery, as of: 03/2023, p. 1/12), the remonstration can also be conducted in parallel with the lawsuit. This enables a faster judicial review if the procedure at the embassy stalls.
3. Actions for failure to act
A common use of court proceedings in immigration law is so-called actions for failure to act. Many authorities in Germany are hopelessly overwhelmed by the number of applications and, on top of that, have poorly trained and unmotivated and/or xenophobic employees. As a result, the authorities are violating the statutory processing period of 3 months (Section 75 of the Administrative Court Act). Applications for a change of employer, settlement permit, parental reunification or naturalization require at least 6 months to process at almost every immigration authority. At some authorities, the processing time is even several years, especially for settlement permits and naturalizations. We have written several articles on this topic (see, for example, Action for failure to act for naturalization , Guide to accelerating application procedures and Status of naturalizations in Berlin 2025 ).
In all procedures in which the processing time for applications is more than 3 months (i.e. almost always), foreigners can file an action for failure to act in order to force the authority to act more quickly. If the action for failure to act is won, the authority must pay for the lawyer's fees and court proceedings (see Section 154 VwGO ). In particularly urgent cases, an interim order can also be applied for, which can be used in urgent cases to prevent impending damage ( Section 123 VwGO ).
3.1 Practical case groups of the action for failure to act
In practice, the following groups of cases are relevant for an action for failure to act or an interim measure (urgent procedure):
Action for failure to act due to a change of employer: If more than three months have passed since the application for a change of employer was made, the immigration authorities can be forced by the courts to decide whether to grant the change of employer.
Action for failure to act regarding a settlement permit: If more than three months have passed since the application for the settlement permit was made, the immigration authorities can be ordered by the court to issue the settlement permit.
Action for failure to act in naturalization: If more than three months have passed since the application for naturalization was submitted, the naturalization authority can be forced by an administrative court to carry out the naturalization. We have written a separate VISAGUARD article on actions for failure to act in naturalization cases .
Action for failure to act for family reunification: Since visa applications can also be made in writing, family reunification visas can also be obtained at the embassies by filing an action for failure to act.
Interim order for fictitious certificate: Fictitious certificates are necessary to prove the legality of residence and employment in Germany to other authorities. This applies in particular to the border officials of the Federal Police when entering and leaving the country. If a fictitious certificate is required, foreigners can obtain it from the administrative court within a few days through an interim order. You can find more information on this in our VISAGUARD article on fictitious certificates .
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3.2 False myths about the action for failure to act
There are many myths about actions for failure to act, the biggest of which will be dispelled here. Firstly, an authority being overloaded or lacking staff does not justify slow processing. In countless court cases, the administrative courts in almost all parts of Germany have already ruled that poor organisation and lack of staff are the responsibility of the authority (see judgments on Section 75 of the Administrative Court Act in the VISAGUARD judgment database ). The authority must organise itself in such a way that it can process all applications within 3 months. Otherwise, it is acting unlawfully and can be sued.
Another myth about actions for failure to act is that any action by the authority is sufficient to avoid an action for failure to act. This is not true. The authority does not have to do "anything" within 3 months, but rather it has to make a complete decision (i.e. reject the application or grant it). Although immigration authorities often claim otherwise, the law is very clear on this as long as the authority has no justification.
Finally, the myth that visa applications can only be submitted at the visa appointment must be dispelled. This is also not true. Visa applications are completely normal administrative applications and, according to administrative law, can be submitted in any way imaginable: by email, by letter, by fax or verbally at the appointment. If no appointment is available, you can also apply for the visa by email (see judgments on Section 81 of the Residence Act in the VISAGUARD judgment database ). Although the Foreign Office and the embassies repeatedly claim the opposite, there is very clear higher court rulings that say that visa applications can also be submitted by email or letter. If the embassy has not made a decision 3 months after the application has been submitted, an action for failure to act can be brought.
4. Compensation for loss of wages or job loss
One legal action that is surprisingly rarely used by foreigners is the so-called official liability action. With the official liability action, foreigners can apply for compensation from the district court if they have suffered damage due to a slow or incorrect decision by an authority ( § 839 BGB , Art. 34 GG ). Loss of wages is particularly likely to be considered as damage if the job cannot be started later or even at all because the work permit is missing. These cases occur again and again. For example, the Stuttgart district court recently ordered the Stuttgart immigration authorities to pay lost wages because the immigration authorities had worked too slowly.
Please feel free to contact us if you have suffered a loss of wages due to a slow or incorrect decision by an immigration authority or embassy. Our immigration lawyers will advise you on the options for compensation.
5. Course of a court procedure (immigration law suit)
If a visa application or residence permit is rejected, those affected often have the opportunity to take legal action against the decision. Legal proceedings in immigration law in Germany proceed as follows:
Preparation by the lawyer: First, the immigration lawyer collects all the necessary documents and requests access to the files from the responsible authority. After receiving the files, a statement of claim is drawn up in cooperation with the client. This statement of claim is then sent by the lawyer to the court via the special electronic lawyer's mailbox (beA).
Confirmation of receipt of the claim by the court: About a week after the claim is filed, the court confirms receipt of the claim. At the same time, it requests an advance payment of court costs, which should be transferred on time.
Forwarding to the responsible authority: After receipt of payment, the court forwards the case to the defendant - usually the immigration authorities or the Foreign Office if it is a visa case. The authority then has time to comment on the case.
Correspondence between the parties: The defendant submits a statement to which the lawyer can respond. Usually, several written submissions are exchanged (usually 3 to 5) before the court decides whether to hold an oral hearing or issue a court order.
The oral hearing: If the court schedules an oral hearing, the plaintiff's lawyer appears in court on his behalf. Authorities often do not send their own representative, so the lawyer discusses the case directly with the judge. The factual and legal situation is discussed in detail, and witnesses are sometimes heard.
The verdict: A few days or weeks after the oral hearing, the court makes its decision. The verdict is sent to the lawyer electronically. If the verdict is positive, the visa or residence permit is often issued within a few days. If the decision is negative, there is the possibility of contesting the verdict through legal means such as an appeal or revision.
6. Costs of legal proceedings (visa and residence)
Going to court for an action for failure to act, an action for annulment or an interim order costs money. The plaintiff can get the money back from the authorities if he wins, but he must first pay the money to the lawyer and the court. Repayment can then often take a long time, as the authorities only pay the money back at the very end of the court proceedings. Sometimes a court settlement is reached in which the plaintiff receives the visa and in return pays the court costs (so-called "Berlin settlement").
The costs of a lawsuit in German immigration law must generally be differentiated between legal fees and court costs. Court costs are always the same and are roughly as follows:
Claim for fictitious certificate (interim order) Court costs: 357 euros
Action for failure to act, settlement permit, family reunification visa, change of employer Court costs: 483 euros
Action for failure to act Naturalization Court costs: 798 euros
Do you have Questions about your Visa-Case?
Our cooperating lawyers for visa and residence issues will answer all your questions in a video call. Of course, our independent experts are also happy to support you in residence procedures before embassies, immigration authorities and administrative courts in Germany.
Contact us to book an initial consultation on your case with a German visa lawyer ! You will receive a reply within 24 hours (on workingdays).
The legal fees must also be calculated separately for each case. For fictitious certificates, family reunification visas and changes of employer, the costs for a lawsuit are usually around 1,500 to 2,500 euros. For naturalization lawsuits, lawyers specializing in naturalization law in Germany often charge around 2,500 to 3,500 euros. If you add the legal fees and the court fees, you get the amount you would have to pay for the lawsuit.
Further Information
Legal Application Office of the Administrative Court of Berlin
Literature: Kopp/Schenke, Commentary on the Administrative Court Act (VwGO), CH Beck 2024
