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Visa Lawsuit Germany
Lawyer Immigration Lawsuit: Overview page on legal proceedings in the area of immigration and residence in Germany.
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About this Page
Your rights in visa and migration proceedings – independent and legally secure. If immigration authorities or embassies reject or delay applications, the German legal system guarantees an impartial review through independent administrative courts. Our experienced specialist lawyers for migration law effectively support you with visa appeals, deadlines, and the enforcement of your rights to bring your case to a successful conclusion.
Table of Contents
1. Legal experience: Most frequent cases handled in court (Immigration and Visa for Germany)
2. Recurring problems in court in immigration law
3. Visa: When do you need a lawyer for legal proceedings?
4. VISAGUARD services for legal proceedings, visas and immigration
5. FAQ and online resources
1. Legal experience: Most frequent cases handled in court (Immigration and Visa for Germany)
These are the most practically relevant cases for lawyers when representing foreigners with visas in court:
Challenging rejection notices: Lawyers take action against the rejection of visa applications.
Action for failure to act: Lawyers file an action for failure to act if an application has not been fully processed after 3 months.
Urgent cases: Lawyers file lawsuits in administrative courts when there is an urgent case (e.g., employer threatens dismissal or imminent birth of a child).
Oral hearing: Taking of evidence and legal discussion in court with the administrative judge
Obtain documents: Obtain new documents as evidence and submit them to the court proceedings to refute rejections.
Filing a lawsuit to meet a deadline: If it is not possible to provide a statement of claim within a short time, a lawsuit must be filed to meet the deadline, in order to provide the grounds for the claim later.
Tactical procedural management: Choosing between several alternatives to reach the goal via different paths.
Negotiation with the defendant: Out-of-court communication with the Foreign Office or the immigration authorities in order to still obtain the residence permit.
2. Recurring problems in court in immigration law
The most common problems in visa lawsuits are the following:
Foreign Office “stonewalls”: The Foreign Office is trying to win the case “at all costs” in order to avoid having to bear the costs of the court proceedings in the end.
Lack of justification and standardized text modules: Authorities make the court process protracted by providing little or no justification, or only formulaic explanations.
Berlin Settlement: In some cases, plaintiffs are forced into the “Berlin Settlement”, in which the authorities only grant the visa if the plaintiffs agree to bear the costs of the court proceedings.
Lengthy proceedings: According to official business reports of the Berlin Administrative Court, visa lawsuits take an average of 8-9 months. This can only be prevented by urgent applications (preliminary injunction pursuant to Section 123 of the Administrative Court Procedure Act), for which an urgent reason must exist (so-called ground for an injunction).
Coordination problems between authorities: In some cases, the legal opinions on certain topics differ even among the authorities themselves (e.g., the embassy has a different opinion than the headquarters in Berlin, or the Federal Employment Agency has a different opinion than the foreign mission).
Authorities are not cooperating in court proceedings: Some authorities even ignore court orders and deadlines for submitting statements. Administrative judges sometimes have significant enforcement problems with the authorities, which means that the plaintiffs are constantly "uphill battles".
3. Visa: When do you need a lawyer for legal proceedings?
Although legal representation is not mandatory in visa and naturalization proceedings before the administrative court at first instance, it is generally strongly recommended to engage a specialized lawyer for court proceedings. Administrative litigation against embassies or immigration authorities is highly complex and unforgiving of mistakes. Without legal expertise, it is virtually impossible for laypersons to realistically assess the actual chances of success in a visa appeal or to develop a strategic approach to litigation. Furthermore, litigating independently carries the significant risk of recklessly presenting facts in court that could permanently damage one's case, as arguments once introduced in administrative law cannot be retracted. A specialist lawyer in immigration law protects you from such consequential errors and ensures that your case is pursued effectively and efficiently.
Legal support is essential whenever complex legal issues arise, you are under significant time pressure, or your visa application has already been rejected . While pursuing legal action independently often leads to protracted processes, long waiting times, and unforeseen risks , an experienced lawyer manages the proceedings with the necessary legal expertise. At VISAGUARD, we understand that your residence permit, family reunification, or naturalization is about your future. Therefore, we generally advise you to seek professional assistance, at the latest, for court proceedings. Don't leave your success to chance; rely on a sound litigation strategy and legal representation to successfully assert your rights against the authorities.
4. VISAGUARD services for legal proceedings, visas and immigration
The law firm VISAGUARD provides these services in court:
Appealing rejection notices: Filing an action to set aside a refusal if a visa application has been rejected.
Action for failure to act: Filing an action for failure to act if an authority does not process applications within 3 months.
Representation in court: Drafting preliminary written submissions and conducting oral proceedings
Conducting evidentiary proceedings in court: document verification and witness preparation
Out-of-court negotiation: Communication with the litigation departments of the authorities to reach an agreement (court settlement).
Advice during ongoing legal proceedings and assessment of the chances of success of a lawsuit
Strategic advice in the run-up to filing a lawsuit (e.g., preparation of official liability claims)
Objection and remonstration (if objection or remonstration are provided for in the procedure)
Drafting expert opinions for parties in court proceedings
Specialist Articles on the Topic
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5. FAQ and online resources: Legal proceedings, migration
In your experience, what mistakes do clients most frequently make immediately after a rejection that worsen their chances of success in court proceedings?
The worst thing is missing the deadline. Clients often send "remonstrations" to the embassies, even though the remonstration procedure has already been abolished. Even careless statements made after a rejection can have serious consequences.
How can you tell, even after a first review of an official file, that legal proceedings are likely to be worthwhile – even though the authority has already ruled against the case?
Particularly common are the failure to consider documents, the excessive use of boilerplate text, or purely formulaic rejections. Certain foreign missions also repeatedly make the same mistakes (e.g., alleged "forgeries" in Lagos and a lack of willingness to return among people with substantial wealth and deep roots in Africa and Asia).
What differences do you observe in practice between successful and unsuccessful lawsuits in immigration law that do not arise directly from the law?
It is particularly important that the facts of the case are coherent and credible. Those who can document their claim completely have a good chance. However, those who have to rely solely on witness statements and hearsay have little chance of success from an evidentiary standpoint. Financial circumstances also play a significant role: those with substantial wealth and a good education are generally more credible or have more resources available to substantiate their claims.
What does the separation of powers mean?
The separation of powers means that state power is distributed among three independent branches: the legislative (lawmaking), the executive (administration), and the judicial (courts). This ensures that state bodies act and decide independently.
Why is the independence of the judiciary important?
Independent courts ensure that disputes are decided neutrally and impartially. Particularly in administrative law, they protect citizens from having administrative decisions judged unilaterally.
Who can help in proceedings before administrative courts?
Specialist lawyers in immigration law advise and represent those affected before embassies, immigration authorities, and administrative courts. They assist with legal documents, deadlines, and the correct legal procedures.
Important court rulings in migration law
The relevant date for calculating the time limit under Section 75 of the Administrative Court Procedure Act (VwGO) is the date of the application (VG Weimar, decision of June 11, 2024, file number 1 K 135/24 We).
The defendant's workload, which has existed since 2020/2021 due to the significantly increased number of applications for naturalization, does not constitute a sufficient reason within the meaning of Section 75 of the Administrative Court Procedure Act (VG Weimar, decision of June 11, 2024, file number 1 K 135/24 We).
Even a persistent shortage of personnel cannot legitimize excessively long proceedings (VGH Mannheim, decision of 31.07.2024, 11 S 1117/24).
The authority bears the burden of proof for the factual circumstances that are intended to constitute a sufficient reason within the meaning of Section 75 of the Administrative Court Procedure Act (Saxony Higher Administrative Court, decision of February 14, 2023 – 3 E 2/23 –, juris para. 9 with further references).
A declaration of consent regarding an excessively long processing time restarts the 3-month period for the action for failure to act (VG Gießen, decision of 18.04.2024, 4 K 2799/23GI).
The imminent birth of a child in Germany constitutes a reason for urgency (VG Berlin, decision of 06.03.2009, file no. VG 10 L 53.09 V).
The absence of a certificate of fictitious residence constitutes grounds for urgency (VG Berlin, decision of 07.02.2012, file no. VG 15 L 3.12; VG Schleswig-Holstein, decision of 27.03.2013, file no. 6 B 11/13).
The commencement of studies does not constitute grounds for urgency (VG Berlin, judgment of 20.03.2020, VG 32 L 12/20 V).
A seriously injured son in Germany constitutes a reason of urgency for the mother (VG Berlin, judgment of 08.08.2011, VG 20 L 219.11 V).
The expected separation from the husband for several years can constitute a reason for urgency (VG Berlin, decision of 19.04.2005, VG 24 A 2.02).
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List of Sources (Paywall)
[1] Michael Brenner in Sodan/Ziekow, Administrative Court Act | VwGO § 75 Rn. 1-88 | 5th edition 2018
[2] Porsch in Schoch/Schneider | VwGO § 75 | 47th Edition February 2025
[4] Helge Sodan/Jan Ziekow in Sodan/Ziekow, Administrative Court Code | 5th edition 2018
[5] Schoch/Schneider | Table of Contents | 6th edition November 2024