Are there any prospects of success for inaction lawsuits against the Federal Office of Administration in naturalization proceedings?

Months, sometimes years, pass after an application is submitted to the Federal Office of Administration (or the foreign consulate) without the authority taking any action. When the responsible Federal Office of Administration (BVA) simply does not respond to applications from abroad, the question inevitably arises: Can we expedite the process through legal action , and what are the chances of success for an action for failure to act against the Federal Office of Administration?

Why are naturalization procedures at the Federal Office of Administration being delayed so massively?

The main reason for the paralyzing slowness of processing applications lies in the chronic overload of the agency, which has been massively exacerbated by legal reforms in recent years. Far-reaching legislative changes – such as the Fourth Act Amending the Nationality Act in 2021, which created new grounds for eligibility in Sections 5 and 15 of the Nationality Act – have led to an explosive increase in the volume of applications. In legal proceedings, the Federal Office of Administration (BVA) regularly argues that the number of applications has doubled without a corresponding increase in staffing levels.

For you as an applicant, whether applying for a determination of German citizenship under Section 30 of the Nationality Act or as part of a naturalization process, this simply means unacceptable waiting times. The authorities routinely cite the principle of equal treatment and emphasize that all applications are processed strictly according to the date of receipt to avoid arbitrariness. However, this years-long overload is a structural organizational failure of the state and should not be allowed to permanently burden you.

When is an action for failure to act legally permissible?

The legal basis for taking action against official silence is found in the Administrative Court Procedure Act. According to Section 75 of the Administrative Court Procedure Act, an action for failure to act can be brought if the authority has not decided on an application for an administrative act within a reasonable period without sufficient reason. The law stipulates a standard period of three months in this regard.

After these three months have elapsed, the option of appealing to the administrative courts – in proceedings against the Federal Office of Administration, the Cologne Administrative Court is primarily responsible – is formally available. However, this does not automatically mean that the court will immediately order the authority to issue the decision. The crucial legal decision revolves around the question of whether the authority can demonstrate a "sufficient reason" for the delay.

Does the chronic staff shortage at the BVA constitute a sufficient reason?

The Federal Office of Administration (BVA) almost invariably defends itself in court with standardized text modules : It refers to the massive workload, the prioritization based on the date of receipt, and the measures implemented for digitization and process optimization. From the perspective of many administrative courts – supported, for example, by rulings of the Higher Administrative Court of North Rhine-Westphalia (such as the decision of the Higher Administrative Court of North Rhine-Westphalia of September 25, 2025, file number 19 E 359/25) – the general reference to the principle of equal treatment is often sufficient to reject preferential treatment of individual plaintiffs without absolute exceptional circumstances.

However, as a law firm, we consider this blanket argument from the authorities insufficient. If legal changes are years in the past and the agency leadership has failed to ensure adequate staffing levels to effectively manage the backlog, this constitutes a clear organizational failure. A decades-long state of staff shortages cannot be used indefinitely as a justification for delaying civil rights.

What role do specific personal reasons play in receiving preferential treatment?

To circumvent the rigid processing order of the Federal Office of Administration (BVA), specific, case-related reasons often need to be presented in the legal proceedings . General references to geopolitical tensions or vague personal difficulties in the applicant's current country of residence abroad are usually insufficient for the courts unless they can be directly averted by obtaining a German passport . Tangible, legally relevant reasons for expedited processing, however, can include serious economic disadvantages, such as when an excellent young professional or a wealthy investor demonstrably loses a concrete, time-bound job offer or investment in Germany due to the lack of a passport . Urgent family reasons or the loss of educational placements for international students can also be considered undue hardship justifying a deviation from the chronological order.

What are the actual chances of success in practice?

Despite the restrictive stance of some courts, our daily practice as a law firm specializing in visa and citizenship law paints a much more positive picture: Filing an action for failure to act very often proves to be an extremely effective catalyst. As soon as the complaint is officially served on the authority via the court , the dynamics at the Federal Office of Administration (BVA) frequently change fundamentally. Although the BVA usually submits the usual, standardized rejection request as a first step, the file suddenly becomes a central focus internally. In a great many cases, the application for naturalization or determination of citizenship is then processed surprisingly quickly, a positive decision is issued, and the proceedings are concluded amicably. Furthermore, in these cases, the authority regularly assumes the incurred court costs after a successful resolution, since it itself initiated the legal action.

Conclusion

Filing a lawsuit for failure to act against the Federal Office of Administration in naturalization and recognition proceedings is not a sure thing legally, but in practice it is an extremely powerful instrument. While the authority formally invokes structural overload and the principle of equal treatment in court , the subtle legal pressure exerted by filing a lawsuit surprisingly often leads to a noticeable acceleration of the process and the long-awaited success behind the scenes. For highly qualified professionals and expats from the USA , Canada, or Great Britain , whose life plans depend on these procedures, waiting in limbo is usually the worst option. As an experienced law firm, we support you in effectively enforcing your rights and breaking the bureaucratic deadlock.