Visa appointment: What is an appointment waiting list?

Anyone applying for a visa to Germany today will no longer find an available appointment at many German embassies and consulates, but rather a bureaucratic construct known as a waiting list . What at first glance appears to be an orderly procedure for managing high application volumes often proves, upon closer legal examination, to be a capitulation by the state to its own administrative responsibilities. From our daily practice as a law firm, we know that these lists are far more than just a waiting period for those affected; they are a massive obstacle that blocks careers , family reunifications , and urgent personal plans for months or even years.

Waiting list reveals organizational deficit

The establishment of an appointment waiting list is essentially an open admission by the respective embassy that regular appointment scheduling is no longer possible due to a structural organizational deficiency . It documents a situation in which the authority's personnel and material resources are insufficient to fulfill its legal mandate within a reasonable timeframe. While the legislature has created clear frameworks for immigration and visa issuance , implementation often fails at the very threshold of the consulates. We observe with concern that these lists have been established not as a temporary emergency measure, but as a permanent instrument for managing the lack of resources at the expense of applicants. This is particularly true for the already poorly functioning and neglected embassies in Moscow , Islamabad , and Tehran , which are overlooked by the Federal Foreign Office .

The reality of waiting times: A never-ending game of patience

The timeframes we're discussing here are anything but insignificant. In many popular embassies and consulates, it's now not uncommon for applicants to remain on this list for one to two years without even the opportunity to submit their documents in person. For a skilled worker recruit whose employment contract has already been signed, or for spouses who have been separated for months, such a period is simply unacceptable . The problem is exacerbated by the fact that the waiting list often offers no transparency whatsoever. One finds oneself in a digital waiting room with no indication of when the door will open. This uncertainty leads to a legal paralysis, as a formal application cannot be submitted without an appointment – at least that's the view of many authorities (but see our article on submitting a written visa application ).

The legal lever: The action for failure to act as a way out

This is where our legal intervention comes in, because the legal situation is significantly more favorable for applicants than the embassies' practices would suggest. German administrative law, specifically Section 75 of the Administrative Court Procedure Act , stipulates that an action for failure to act can be brought if a request for an administrative act has not been decided upon within a reasonable timeframe without sufficient cause . The rule of thumb here is that legal recourse is available after three months of inactivity. The crux of the matter with waiting lists is often the embassies' attempt to prevent this period from beginning by refusing to formally accept the application. However, it can be legally argued that even the request for an appointment and registration on the list should be considered the commencement of the proceedings if the state obstructs access to the process through its own organizational structure. Ideally, of course, a written visa application was submitted (e.g., by mail, email, or via the embassy's contact form).

Why suing to enforce the appointment is often the only way

In many cases, going to the Berlin Administrative Court – which has jurisdiction over matters concerning the Federal Foreign Office – is not just an option, but the only way to initiate the process. We repeatedly see that only the pressure of a lawsuit, or its well-founded threat, leads to the sudden release of resources. The argument of an agency being overburdened is only very rarely recognized by the courts as a "sufficient reason" for the delay. A chronic organizational deficit does not absolve the state of its duty to guarantee due process within a reasonable timeframe . Those who wait lose valuable time; those who sue enforce the observance of their rights.

Conclusion and recommendations

In summary, waiting lists for appointments are a symptom of an overburdened system that unilaterally shifts the burden of bureaucracy onto citizens and applicants. From a legal perspective, these lists are not an unavoidable fate, but rather a legally contestable delaying tactic. If you have already been waiting for an appointment for several months, or if it is foreseeable that the waiting list will derail your plans, you should not remain inactive. An action for failure to act is a powerful tool to bridge the state's organizational deficit and enforce your right to timely processing of your visa application. We advise you to seek legal counsel early on to meet deadlines and to exert legally sound pressure on the embassy.