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Case study: Is an action for failure to act worthwhile for obtaining a residence permit?

Practical tip from a lawyer: Application for a residence permit is not being processed - what can you do?

What is the problem with "stuck" applications for permanent residence permits?

  • Unprocessed applications for permanent residence permits are a very common problem (especially at the State Office for Immigration (LEA) in Berlin).

  • The reason for the extreme delays in residence permit applications is usually that the authorities have other priorities. A poorly prepared or incomplete application can also be a cause of delay.

  • If an application for a residence permit is "stuck", it can take up to a year (or longer) for the application to be processed.

  • In this blog post and video, we show how "stuck" applications for a residence permit can be successfully resolved.

Here's how lawyers solve the problem:

  • If the application for a residence permit was submitted more than three months ago, an action for failure to act can be brought (§ 75 VwGO).

  • However, an action for failure to act is not always the most sensible remedy if the conditions for issuance are met (especially for holders of a Blue Card), as it is lengthy and expensive.

  • If the conditions for granting the permit are met, legal experience shows that a letter from a lawyer can be more effective than an action for failure to act.

  • Lawyers can simply submit updated documents (especially proof of income) to the immigration office, and usually the residence permit is granted within two to four weeks.

Lawyer: Applied for a residence permit and received no response from LEA Berlin?

Note - We have recorded a separate YouTube video on the scenario "No response from the immigration office despite a complete application for a permanent residence permit": https://www.youtube.com/watch?v=g2YoudJYrtA


For international academics, expats, and young professionals, Germany—and especially the metropolis of Berlin—is a highly attractive place to live. Once a career in international recruiting, global mobility, or corporate immigration has taken off, the desire for long-term stability usually follows quickly. A permanent residence permit is the key to unrestricted professional freedom and long-term life planning for the entire family. However, it is precisely at this juncture that we repeatedly encounter a frustrating phenomenon in our daily practice as a law firm specializing in visa law: The application is submitted correctly, all requirements are met, but the Berlin Immigration Office (LEA Berlin) simply fails to provide any feedback for months .


In principle, the legal hurdles for well-educated immigrants are pleasingly moderate. Holders of an EU Blue Card can claim permanent residency after just 21 to 27 months of continuous contributions to the pension insurance scheme. Together with a basic language certificate at level A1 (or B1) and the mandatory integration certificate, the legal requirements are manageable. The technical process also initially appears simple : LEA Berlin provides an online form through which all documents can be uploaded and the applicable fees paid directly digitally, for example via PayPal. However, the problem begins immediately after clicking the submit button.

Why is the State Office for Immigration (LEA) not responding to the application?

After the successful submission of the application, in the vast majority of our clients' cases, there is absolute silence . Weeks and months pass without any confirmation or status update. Even repeated, urgent status inquiries via the official contact forms of the immigration office go unanswered. During this long wait, many expats, high-net-worth individuals, and skilled workers become worried. They wonder if there is something wrong with their application, if essential documents are missing, or if serious errors were made during the upload process that now jeopardize the entire process.


As a specialized law firm, we can usually offer reassurance: In the vast majority of cases, the cause is by no means due to errors on the part of the applicants. The documents are complete, and the legal requirements are fully met. The real problem lies in the authorities' prioritization. From the perspective of the LEA Berlin (State Reception Center Berlin), processing a settlement permit is simply not urgent, as those affected generally already possess a valid residence permit – such as the Blue Card – and are therefore legally employed in the country. Acute emergencies, such as imminent deportation or the expiration of a short-term work permit, are often given priority. Nevertheless, this administrative silence is an enormous burden for the affected families and the HR managers who need planning certainty.

Should I file a lawsuit for failure to act?

In relevant internet forums and social networks , filing an action for failure to act pursuant to Section 75 of the Administrative Court Procedure Act is almost reflexively recommended in such situations. However, as experienced visa lawyers, we know that this radical step is rarely the most elegant or quickest solution in practice. An action for failure to act ties up considerable financial resources and often further delays the process, as the courts in Berlin themselves struggle with immense lead times and processing periods of six to nine months. As long as the applicant retains their job security—which remains the absolute and most important prerequisite for the entire procedure—a far smoother approach exists.


Our firm therefore focuses on strategic and collaborative communication with the authorities , which is divided into two stages. In the first stage, we request official access to your case file. By reviewing the digital file, we can immediately see whether the case has already been assigned to a case worker, whether internal notes exist, or whether a document has actually been overlooked. Once we have verified that the request is complete within the file, we draft a precise, legally sound letter from our attorneys. This letter deliberately avoids aggressive threats of legal action, instead inquiring about the current status of your case in a professional and cooperative tone and offering to provide the necessary documentation.

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Do you have questions about residency law? Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residency proceedings before embassies, immigration authorities, and administrative courts. Contact us to book an online appointment with a German immigration lawyer!

Along with our lawyer's letter, we submit, unsolicited, the most up-to-date proof of the last three payslips and the three most recent rent payments. Since months often pass between the original application and our intervention, the old documents have already expired. By providing the caseworker with the current documents in a readily available format, we save them time and eliminate any reason for further delays.


The crucial factor after this step is consistency. Anyone who lets another two months pass without taking action after receiving the lawyer's letter risks having the entire review process at the LEA (State Office for Migration and Refugees) start all over again. Our firm therefore conducts extremely thorough, professional follow-ups. We ensure that documents are correctly assigned and immediately correct any careless mistakes made by case workers. Experience shows that this structured, friendly, yet assertive support allows us to successfully resolve around 90 percent of all stalled cases within just two to three weeks – entirely without the lengthy and stressful process of going to court.

What costs and deadlines do you need to factor in when submitting your application?

Besides the enormous time savings, this strategic approach is also the more economically sound decision. An action for failure to act before the administrative court quickly incurs total costs of between €3,000 and €5,000 due to court fees and statutory fee schedules. In contrast, an out-of-court mandate from a specialized law firm, including file review, document updates, and ongoing follow-up, usually remains within a manageable budget of only €1,000 to €1,500. For young professionals, expats, and skilled workers, this is an investment that pays for itself in a very short time through immediate planning security and the elimination of bureaucratic stress.

Conclusion: Predictable legal certainty for your future in Germany

The silence of the Berlin State Reception Center (LEA Berlin) regarding applications for permanent residence permits is a structural problem that highly qualified professionals and their families should not take personally. It is simply the result of overburdened administrative structures. With the right legal strategy, based on transparency through access to files and the proactive submission of updated documents, the blockage can be resolved quickly and cost-effectively in the vast majority of cases. As a law firm, we are happy to support you in accelerating the process, addressing errors by the authorities, and securing the legal certainty you and your employer deserve for your future in Germany.

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[1] NK-VwGO/Michael Brenner, 5th edition 2018, VwGO § 75 Rn. 1-88
[2] Schoch/Schneider/Porsch, 45th edition January 2024, VwGO § 75

[3] Judgment: regarding an action for failure to act before the expiry of the three months, see GH Munich BayVBl. 1980, 376; VG Kassel NVwZ 1985, 217; VGH Kassel NVwZ 1988, 266; BeckOK VwGO/Peters VwGO § 75 Rn. 10, 11

[4] Judgment: regarding the burden of proof in cases of inaction by the authorities, see Saxon Higher Administrative Court, decision of 14 February 2023 – 3 E 2/23 –, juris para. 9 with further references

[5] Judgment: on the standard of organizational deficit in cases of inaction, see Federal Constitutional Court, decision of 16 January 2017 – 1 BvR 2406/16 –, juris para. 9 with further references; Higher Administrative Court of Berlin-Brandenburg, decision of 27 July 2017

[6] Judgment: regarding the relevant date for calculating the time limit under Section 75 of the Administrative Court Procedure Act (VwGO), see Weimar Administrative Court, decision of 11 June 2024, case no. 1 K 135/24 We

[7] Section 9 of the Residence Act as promulgated on 25 February 2008 (Federal Law Gazette I p. 162), as last amended by Article 2 of the Act of 23 April 2026 (Federal Law Gazette 2026 I No. 111)

[8] Section 75 of the Code of Administrative Court Procedure as promulgated on 19 March 1991 (Federal Law Gazette I p. 686), as last amended by Article 9 of the Act of 20 May 2026 (Federal Law Gazette 2026 I No. 152)

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