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How long does a court case in visa law take? (Berlin 2025)


The brand-new annual report from the President of the Berlin Administrative Court (No. 2/2026) reveals in black and white what we, as a law firm specializing in visa law, have long been painfully experiencing in our daily practice: the bottleneck of the justice system is becoming ever narrower, while the livelihoods of those affected are left hanging. Behind the report's cold statistics lie human tragedies and massive economic damage caused by the sluggish processing of visa applications.


The stark figures of the delay: A court at its limit

A look at the latest statistics from the Berlin Administrative Court is , to put it mildly, sobering for anyone who needs a swift visa application . In 2025, the court recorded a massive influx of new cases. A total of 28,697 cases were filed , representing an increase of over 20% compared to the previous year. The situation is particularly dramatic in immigration law, which includes the visa applications that are so crucial for us. Here, the number of cases filed has skyrocketed by over 40% compared to 2024, reaching 9,633. Although the court has responded by opening two new chambers, the sheer flood of applications is causing the backlog of pending cases to grow relentlessly. Currently, over 25,000 cases are pending at the Berlin Administrative Court – a mountain of work that is virtually overwhelming the judicial system's personnel capacity, despite the increased number of cases being processed.


The visa process as a time trap: 8.7 months of uncertainty

For skilled workers and family members wishing to enter Germany, the length of the application process is the decisive factor. According to the annual report, in 2025, an appeal for a visa took an average of 8.7 months . Even though this represents a slight statistical improvement compared to the previous year, this period remains unacceptable for those affected. Anyone appealing a rejection by the embassy must be prepared to spend almost three-quarters of a year in uncertainty. Even preliminary injunction proceedings , which are actually intended for urgent cases, take an average of 1.2 months . During this time, careers are put on hold, families are separated, and life plans are thwarted. In our law firm, we see daily that these delays are not only nerve-wracking but also have tangible legal and financial consequences.


Financial losses and missed opportunities due to judicial backlogs

The damage our clients suffer due to these long waiting times is often immense. The loss of salary payments is particularly serious . If a highly qualified specialist cannot start work due to a delayed visa application process under the Skilled Immigration Act, thousands of euros are lost every month . These losses are often irreversible. Furthermore, clients risk having painstakingly acquired jobs eliminated, as companies in Berlin's dynamic economy cannot wait indefinitely for staff. The legal right to a visa is effectively nullified by the length of the process . This creates a paradoxical situation: the law opens pathways for immigration, but judicial oversight of the administration fails due to the overburdened judges, who now have to handle 226 new cases per judge per year.


Strategies against waiting: The action for failure to act as a tool

Given this precarious situation, it is crucial for us as a law firm in all areas of law to exhaust all procedural options to expedite our clients' cases . A key instrument in this regard is the action for failure to act pursuant to Section 75 of the Code of Administrative Court Procedure (VwGO). If the authority – in visa matters usually the competent foreign mission in coordination with the immigration office – fails to decide on an application within three months without sufficient reason, we can compel the case to go to court. The report of the presiding judge shows that this remedy is being used with increasing frequency: In citizenship law alone , the number of actions for failure to act rose to 2,265. In visa matters as well, litigation is often the only way to rouse the administration from its passivity and obtain a decision before the financial damage becomes immeasurable.


Conclusion: An urgent appeal for an efficient visa justice system

In summary, the 2026 annual report of the Berlin Administrative Court sends a clear warning signal for Germany as a business location. The enormous workload of the judges and the resulting lengthy visa proceedings are unacceptable for a modern immigration society . While the court is attempting to counteract this with new chambers, the reality for visa applicants remains an ordeal with high financial risk. Justice that comes too late is, unfortunately, often no justice at all.



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