Yet again: a lawsuit for official liability against the Stuttgart immigration office.

VISAGUARD Sekretariat
7 hours ago
4 min read

The news is causing a stir in the legal world and among expats alike, but for us as observers of administrative practice, it is unfortunately hardly surprising: A highly qualified Russian scientist is taking the city of Stuttgart to the regional court. The accusation is serious and yet symptomatic of the current migration climate in Germany: bureaucratic failure through months of inaction and delayed file transfers . While politicians at the federal level are repeating the importance of While the focus on skilled worker immigration is emphasized, the offices of the state capital reveal a reality that is more reminiscent of a digital developing country than a modern business location.

When government inertia blocks careers

The case currently before the civil chamber of the Stuttgart Regional Court is almost beyond absurd. A scientist, already well-integrated into the German labor market, signed a new contract with a renowned Fraunhofer Institute. Everything seemed set for the next career step. However, the Stuttgart Immigration Office (ABH) simply didn't respond to the application for an extension of his work permit . Even after he moved to Bavaria, it took another two months for the files to finally make their way from Stuttgart to Schweinfurt.

The result: a loss of earnings of over €35,000 and a work start delayed by a full six months. We see this as a structural problem. It's not just an individual tragedy, but an attack on everyone's planning security. Skilled workers who choose Germany as their place of work. It cannot be that bureaucratic inefficiency forces excellently trained people into unemployment while the economy is desperately searching for staff.

The paradox of primary legal protection

We are particularly critical of the court's reasoning. The presiding judge pointed out that the plaintiff should have first exhausted all available legal remedies before asserting claims for official liability under Section 839 Paragraph 3 of the German Civil Code (BGB) . In plain terms, this means that anyone seeking damages must first have attempted to compel the authority to act by filing an action for failure to act or obtaining a preliminary injunction.

This legal dogma, however, completely ignores the realities of life. As the plaintiff's lawyer aptly pointed out, an action for failure to act pursuant to Section 75 of the German Administrative Court Procedure Act (VwGO) is generally only admissible after three months. In a dynamic labor market where contracts begin on fixed dates, this timeframe is already a death sentence for many job openings. We consider it a serious breach of the rule of law that the state uses its own slowness as a shield against claims for damages. It should not be the responsibility of the citizen to force the functioning of an authority through legal action.

Skilled worker shortage as a convenient excuse for the administration

In the past, for example at specialist conferences such as the Hohenheim Days on Migration Law, the management of the Stuttgart Immigration Office often resorted to playing the victim. They complained about their own staff shortages and being overwhelmed by global crises. But we must state clearly: The A shortage of skilled workers in administration should not be used as a blanket excuse for blatant procedural errors.

The situation in Stuttgart – from people camping in sleeping bags in front of the authorities to students having their passports confiscated, as in the case of Jia Ling Chang – is a sign of organizational failure. When only 144 out of 175 positions are filled, and many of those are filled by career changers, then this is a self-inflicted problem of the city administration . If a company wants to attract skilled workers , it must also equip its administration in such a way that it not only promotes a welcoming culture but also implements it in a legally compliant manner.

The digital dead end and international comparison

While Germany is still debating why it takes two months to send documents by post , countries like the United Kingdom and Australia are showing us how it can be done better. Digital systems like the eVisa allow employers to verify an applicant's status. It's possible to verify skilled workers in seconds using a share code. In Germany, however, we leave employers to navigate the legal uncertainty of Section 4a of the Residence Act on their own. This lack of clarity leads companies to prefer dismissing employees or not filling vacancies for fear of sanctions.

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The case before the Stuttgart Regional Court serves as a cautionary example of how German migration law often fails in practice. The high hurdles for official liability claims protect an administration that urgently needs fundamental reform. For highly qualified immigrants, the current situation is frustrating and discouraging. A state governed by the rule of law that systematically disregards its own deadlines and obligations forfeits its credibility in the global competition for the best talent.

How we can support you

As the law firm Visaguard, we have successfully represented numerous clients against the inaction of the Stuttgart immigration office. We will not allow your career to be jeopardized by bureaucratic negligence. Whether through the early filing of lawsuits for inaction or the enforcement of your rights to a temporary residence permit – we ensure that the authorities fulfill their legal obligations. If you are experiencing problems with your work permit or immigration, we can help. With our skilled workforce , we are your strong partner for legally compliant migration.