Compensation claims against authorities
All important information on the subject of compensation against the immigration authorities in the event of loss of wages.
Here you learn ...
when you can get compensation from the immigration authorities
what you have to do if you want compensation from the authorities
when the authority must compensate for damages due to loss of wages and job loss
general information on the subject of official liability, e.g. when changing employers
Author
Attorney
Reading Time
7 Min.
Release Date
09.03.2025
Table of Content
1. Compensation from the immigration authorities
2. Get compensation for loss of wages from the court
3. Asserting official liability
3.1 Conditions for official liability
3.2 Documentation of official liability damages
4. Prevent job loss by suing
5. Rights towards the employer
6. FAQ
1. Compensation from the immigration authorities
Many international skilled workers and foreign employees in Germany depend on a quick and legally secure decision from the immigration authorities. In practice, however, there are often disproportionate delays or unlawful rejections , which can cause considerable financial and professional damage . In such cases, a claim for damages may be made against the immigration authorities.
A particularly practical problem arises when changing employers : If a skilled worker has found a new job, the immigration authorities must grant permission to work (an exception is the EU Blue Card). However, if a decision is not made for months, this can lead to the foreigner losing their job . In many cases, work permits are also refused by the immigration authorities on untenable, sometimes arbitrary or discriminatory grounds. Refusals due to unfounded concerns or xenophobic tendencies are often unlawful. If this results in financial damage, for example through the loss of a job, affected foreigners can also claim compensation from the immigration authorities .
Another critical scenario arises if the residence permit is not extended in time. Employers are legally obliged to ensure that their employees have a valid residence permit (Section 4a, Paragraph 5 of the Residence Act). If the immigration authorities delay the extension or even refuse it unlawfully, this can lead to the employment contract being terminated - even though the employee would still have had a legal right to reside. In this case, too, a claim for damages against the immigration authorities can exist.
2. Get compensation for loss of wages from the court
When foreigners demand compensation from the immigration authorities, this is referred to as official liability . Official liability means that the immigration authorities are liable for damages that occur when a clerk processes an application incorrectly or exceeds the statutory deadline of three months (§ 75 VwGO). According to § 839 BGB in conjunction with Art. 34 GG, the state is then obliged to compensate for damages.
A recent ruling from Stuttgart caused a stir. After a long court case, the Stuttgart immigration authorities reached a settlement with a Brazilian nurse and reimbursed him 2,850 euros for his loss of earnings. The reason: Due to the administrative delay, the Brazilian nurse was unable to start work for weeks . The skilled worker's residence and work permit was issued late, which meant he lost nine weeks of earnings. Only after two court hearings - with different judges - did the authorities finally give in. The case shows once again that bureaucratic hurdles make it difficult for foreign skilled workers to access the German job market. Companies and skilled workers should find out about legal pitfalls early on and consider legal action if delays threaten.
3. Asserting official liability
3.1 Conditions for official liability
There are various requirements for asserting official liability or compensation from the immigration authorities, which are outlined below. In order to be entitled to compensation from the immigration authorities, the following requirements must be met:
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breach of official duty by the authority
An official or employee of the authority must have violated an official duty that was intended to protect the person concerned. In the case of the immigration authorities, the official duty to make a quick and lawful decision is regularly violated.
fault of the authority
The authority or its employee must have acted at least negligently or intentionally. This will always be assumed if the authority was informed (e.g. in writing or by email) that a decision was necessary and that otherwise there could be a loss of salary.
Damage caused
A claim for official liability also requires that specific damage has occurred. In cases of skilled immigration, this can particularly be financial losses, such as loss of salary, loss of job or legal costs.
No self-fault
In order to make a claim for official liability against the immigration authorities, it is also necessary that the damage to the foreigner could not have been avoided. This can always be assumed if the foreigner has sought legal advice and, for example, has attempted to obtain a work permit or permission to change employer by filing a claim for failure to act.
3.2 Documentation of official liability damages
In order to successfully enforce official liability claims, those affected should document the damage precisely (e.g. calculate the lost net salary precisely). This should not be taken lightly, as official liability claims must generally be asserted in civil court. It must then be presented and proven in civil court that damage has occurred. Proof of damage is usually only possible if the exact amount of wages lost has been documented. It is particularly important to keep all communication with the employer.
One of our lawyers will be happy to advise you on the subject of documentation of damages caused by official liability . We are experienced litigation lawyers and know what is important.
4. Prevent job loss by suing
If a claim for damages against the immigration authorities is being considered, an attempt should always be made first to force the authorities to make a decision on the work permit . Foreign skilled workers who want to work in Germany often depend on a work permit. However, long processing times at the immigration authorities often mean that applicants have to wait months for a decision . In such cases, those affected can defend themselves in court with an action for failure to act or an interim injunction in order to receive the work permit more quickly.
The administrative procedure laws stipulate that authorities must decide within a reasonable period of time. According to Section 75 of the Administrative Court Act (VwGO), failure to act occurs if an authority does not decide on an application within three months without sufficient reason. The immigration authorities repeatedly argue that they were unable to decide more quickly due to a lack of staff. However, it is the established case law of the administrative courts that a lack of staff is the responsibility of the immigration authorities and does not constitute a justification for delayed processing (see, for example, BVerfG, decision of January 16, 2017 – 1 BvR 2406/16 –, juris para. 9 with further references; OVG Berlin-Brandenburg, decision of July 27, 2017 – OVG 3 M 92.17).
For further information on actions for failure to act against the immigration authorities, please see our VISAGUARD article on actions for failure to act in naturalisation cases .
5. Rights towards the employer
If you are actually fired by your employer because the immigration authorities issued a work permit late or did not issue it, you should consult a labor law attorney. The prevailing opinion and case law is that foreigners cannot be fired for not having a work permit if the lack of a work permit is not the foreigner's fault. In concrete terms, this means that there is no legitimate reason for termination if you applied for an extension of your work permit on time and the immigration authorities simply did not make a decision on time. If you can then (theoretically) still get the work permit from the authorities, your employer cannot terminate you. Only the final and incontestable refusal of the work permit by the immigration authorities can constitute grounds for termination. Until then, however, your employer is obliged to support you in obtaining the work permit and cannot terminate you.
One of our VISAGUARD lawyers will be happy to advise you on this topic and support you in the event of conflicts with the immigration authorities or your employer.
CONTACT US
Are you looking for a lawyer in German immigration and foreigners law? We are happy to support you in residence procedures before embassies, immigration authorities and administrative courts.
Contact us to book a video call consultation with a German immigration lawyer!
VISAGUARD.Berlin Legal Services
6. FAQ Official Liability
Can claims for damages caused by official liability be asserted before the administrative courts?
No, in principle the civil courts are responsible for official liability claims (Article 34, paragraph 3 of the Basic Law). Nevertheless, it can be helpful if an administrative court has determined before the civil proceedings that the authority acted unlawfully.
Can I suffer disadvantages as a result of the official liability claim?
No, the authorities are bound by law and cannot arbitrarily treat you worse if you file a claim for official liability.
What is the most common breach of official duty?
The most common breach of official duty in practice is the failure to make a speedy and lawful decision. In this respect, foreigners can claim official liability after the three-month period has expired (Section 75 of the Administrative Court Act) if they are able to prove that they have suffered damage.
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Further Information
Detterbeck, Steffen: General Administrative Law, 13th edition 2015
