Action for failure to act settlement permit
Alle Informationen zur Beschleunigung von Anträgen auf Erteilung einer Niederlassungserlaubnis durch Untätigkeitsklage.
Here you learn ...
how the action for failure to act works with regard to settlement permits
what requirements apply to the action for failure to act (establishment)
Procedure for action for failure to act in the case of settlement permits
Costs and duration of the action for failure to act in the case of settlement permits
Author
Attorney
Release Date
April 23, 2025
Reading Time
8 Min.
Table of Content
1. Action for failure to act in the case of a settlement permit
2. What is an action for failure to act (settlement permit)?
3. Requirements for action for failure to act and residence permit
4. Expiry of the action for failure to act (settlement permit)
5. Conclusion Action for failure to act on settlement permit
1. Action for failure to act in the case of a settlement permit
Many applicants in Germany face the problem that their applications for a settlement permit remain unprocessed for months—sometimes years . Especially in heavily congested cities like Berlin or Frankfurt, it's not uncommon to have to wait a long time for a response from the immigration authorities. The reasons are varied: staff shortages, organizational restructuring, and a growing volume of applications place a massive strain on administrative processes.
This is often a stressful situation for those affected – especially if it involves legal uncertainty or professional restrictions. The settlement permit, in particular, has significant differences from the temporary residence permit, which are very advantageous for foreigners. It is therefore understandable that many foreigners push for a prompt settlement permit from the immigration authorities. Those who do not want to be put off any longer have the option of taking legal action: With a so-called action for failure to act, the authorities can be compelled to finally decide on the application for a settlement permit.
2. What is an action for failure to act (settlement permit)?
The action for failure to act is regulated by administrative procedural law ( Section 75 of the Administrative Court Act ). It provides applicants with a legal remedy to take action in the event of unreasonably long processing times . If an authority fails to decide on an application within three months —in this case, for the granting of a permanent residence permit— an action can be filed with the administrative court . The goal is to force the authority to make a decision.
In an action for failure to act, the court examines whether the authority has remained inactive for too long (i.e., more than three months) without sufficient reason. Alternatively, an additional application can be filed for the settlement permit to be granted directly (a so-called combined application). If successful, the court will order the authority to issue a decision or to grant the settlement permit. As a rule, the authority is also responsible for the costs of the proceedings.
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3. Requirements for action for failure to act and residence permit
In order for an action for failure to act to obtain a settlement permit to have a chance of success, certain conditions must be met.
3.1 Verifiable application for a settlement permit
First, a proper application for a settlement permit must be submitted to the relevant immigration authority. Ideally, applicants should document receipt – e.g., with an acknowledgement of receipt, email, or screenshot of an online portal. If you want to be completely certain that the application for a settlement permit has been received, you can have the application served by a lawyer or bailiff .
3.2 All documents submitted if possible
Furthermore , all documents should be submitted with the application for a permanent residence permit. While not all documents necessarily need to be submitted immediately, submitting them all increases your chances of success. Courts sometimes rule differently regarding the necessity of all documents when submitting an application.
3.3 3-month period expired
By law, the authority must act within three months of receiving the application for a settlement permit ( Section 75 of the Administrative Court Code ). If no decision is made within this period, a lawsuit may be filed. If the lawsuit is filed too early, the case may be dismissed—and the plaintiff must bear the court costs.
3.4 No sufficient reason for delay
A claim for failure to act is only admissible if the delay is not based on a so-called " sufficient reason ." Such a reason may exist in individual cases—for example, if important documents are missing or legal changes delay processing. However, according to case law, mere workload or staff shortages are not considered sufficient grounds . Case law in this regard is comparatively pro-immigrant and generally places responsibility for delayed processing with the immigration authorities.
4. Expiry of the action for failure to act (settlement permit)
4.1 Filing an action for failure to act Residence permit
The action for failure to act is filed with the locally responsible administrative court - in writing, by fax, or digitally . It can also be submitted in person or verbally dictated on site. Many affected parties seek the support of a lawyer specializing in immigration law. After receiving the action, the court checks the formal requirements and requests a response from the immigration authorities. The immigration authorities are usually given a deadline of several weeks. If no agreement is reached or the authority makes a voluntary decision, the court can either encourage a settlement or compel a decision by way of a judgment. It is not uncommon for the lawsuit to promptly compel the authority to make a decision - sometimes even before an oral hearing takes place. Many proceedings end with an amicable solution, e.g. through a binding promise to process the application or the direct granting of a settlement permit . If no agreement is reached, the court issues a judgment and obliges the authority to process the application.
4.2 Costs of action for failure to act for a settlement permit
The length of the procedure depends heavily on the individual case. In uncomplicated situations where the requirements for a settlement permit are clear and no facts are in dispute, the procedure can be completed in just a few weeks . Court fees are generally around €483 . If a lawyer is involved, additional costs of approximately €2,000 to €4,000 can arise. However, the lawsuit can also be filed without a lawyer. In the first instance, legal representation is not mandatory before the administrative court. Anyone who feels sufficiently informed can file the lawsuit themselves. Nevertheless, legal assistance is advisable in many cases – especially if the authority puts forward legal arguments against speedy processing.
Summary of this Page
An action for failure to act is an effective means for applicants to exert legal pressure on the immigration authorities if their application for a settlement permit is processed excessively long. Those who meet all the requirements for a settlement permit and the action for failure to act – in particular, compliance with the three-month deadline and a complete application – can have the authority obliged to finally decide on the settlement permit application. While a lawsuit is associated with costs and effort, this step can be worthwhile, especially given the significant advantages of a settlement permit. The chances of success are good in many cases, especially if the delay is solely due to structural deficiencies within the authority (e.g., staff shortages). Anyone unsure should seek legal advice – because an action for failure to act is not only a legal remedy, but often the only way to finally obtain clarity and planning security.
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Further Information
NK-VwGO/Michael Brenner, 5th ed. 2018, VwGO § 75 Rn. 1-88
Schoch/Schneider/Porsch, 45th edition January 2024, VwGO § 75
