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Apply for a visa in writing – this way you can avoid months of waiting for an appointment
- Mirko Vorreuter, LL.B.
- Aug 17
- 4 min read
Anyone wishing to apply for a visa for Germany often faces a seemingly insurmountable obstacle: making appointments at German diplomatic missions abroad. In many countries, visa appointments are in short supply – and sometimes booked up months or even years in advance . Embassies regularly explain that an in-person appointment is essential to take the applicant's fingerprints and biometric data, and that unfortunately, due to overwork, no appointments are available. But that's only half the story. In fact, it is legally possible to apply for a visa in writing – and in many cases, this can be the faster and legally secure way.
The legal framework: Visa application possible without an appointment
There is no legal requirement under German residence law that a personal appointment or personal appearance is mandatory. The Residence Act itself does not contain any formal requirements as to how a visa must be applied for (see case law on Section 81 Paragraph 1 of the Residence Act ). The EU Visa Regulation also does not state that a personal appearance is mandatory. While the taking of biometric data such as fingerprints is required, there are exceptions here too: If, for example, a visa has already been applied for and granted using biometric data, this data may continue to be used. Furthermore, biometric data can be collected retrospectively or in other contexts, for example during subsequent entry into the country. Furthermore, it is the embassies’ duty to cooperate to enable the taking of biometric data in the first place.
The Berlin Administrative Court has ruled several times on the practice of only accepting visa applications through in-person appointments (see, for example, the Berlin Administrative Court's judgment of November 22, 2023, case no. 6 K 352/22 V, and the Berlin Administrative Court's judgment of December 2, 2021 – VG 13 K 383/19 V – juris para. 19 ). It has repeatedly ruled that this practice is unlawful and violates the principle of fair trial and the fundamental right to effective legal protection under Article 19, Paragraph 4 of the Basic Law. Embassies that refuse to accept written visa applications without offering a genuine alternative effectively make it impossible for applicants to exercise their right of residence. Such an interpretation of the law is unlawful because the law does not require an in-person appointment to apply for a visa.
Apply in writing and act instead of waiting
Anyone who can't get an appointment should n't simply keep waiting , but should take action. In particular, the embassies' excuses shouldn't be used as a reason to keep waiting. The embassies send out text blocks for months or years, repeatedly stating that an appointment is necessary but not available. This is a deliberate and systematic deception of the public , which constitutes a violation of the administration's advisory function and the principle of fair procedure.
There are simple ways to counteract this blocking attitude of the embassies. The first step is to submit the visa application in writing to the responsible foreign mission . This can be done by mail or email and should contain all the documents that would also be required for a personal appointment - ideally in good quality as a scan or copy. It is important that the letter makes it clear that this is a formal visa application and that you point out the option of submitting the application in writing (e.g. if the email says “ I hereby apply in writing for a visa for work purposes in Germany ”). It can be helpful to refer to the relevant case law and to have a lawyer assist you with the application.
If the embassy remains inactive despite the application being submitted entirely by email or mail, after three months, it is possible to file an action for failure to act under Section 75 of the Administrative Court Act (VwGO) . This action forces the authority to finally decide on the application. Even if the action is filed in Germany, it has an impact on the respective embassy abroad, as embassies are part of the Federal Foreign Office (see Section 2 of the General Administrative Court Act). Experience shows that many visa applications that were previously ignored for months are suddenly processed quickly after the action is filed.
Additionally, there is also the option of filing a so-called appointment lawsuit if the problem lies solely in the non-availability of an appointment. Here, too, case law has repeatedly ruled that it is inadmissible to effectively exclude applicants from the visa process by blocking appointments for months.
VISAGUARD tip for those affected
If you or your family members are waiting for an appointment at the embassy, you shouldn't waste valuable time. VISAGUARD recommends: Submit your visa application in writing, completely, and with documentation. Keep all email correspondence, confirmations of receipt, or receipts safe . If no decision is made within three months, you can file a lawsuit with legal assistance and significantly expedite your process.
Conclusion: Written visa application if no appointment is available
Contrary to the common practice of many embassies, visa applications can be submitted in writing as well as in person . German courts have ruled in favor of applicants and recognized the repeated insistence on the appointment requirement as unconstitutional. Waiting forever for an appointment is wasting valuable time. A written application followed by a lawsuit for failure to act is a legally permissible and effective way to avoid long waiting times. VISAGUARD provides applicants with legal support – for fair procedures and faster decisions.
