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Interim legal protection and emergencies in visa law
All information on interim legal protection in visa law.
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About this Page
what interim legal protection is
what an interim injunction is
Procedure in urgent cases Visa law
Procedure in case of emergency (visa)
Table of Contents
1. System of interim measures in visa law
2. Urgent cases: Visa for employment and study
3. Urgent cases: Family reunification visa
4. Urgent cases: Visa for medical emergencies
5. Fictitious certificate as a reason for the order
6. FAQ on interim measures in visa law
7. Conclusion: Urgent cases in visa law
1. System of interim legal protection in visa law
Time can play a crucial role in visa law . There are many different reasons why applicants need a visa quickly. Examples of particularly urgent cases include the following:
Medical emergency that must be treated in Germany
missing fictitious certificate , despite entitlement to the fictitious certificate
threatened termination or expiration of an employment relationship in Germany
significant financial damage if entry is not made promptly
impending death of a sick relative or funeral of a relative
Avoiding a separation of spouses or children for several years
Entry as a father to attend the birth of a child in Germany
Expiry of a deadline if no entry occurs
In the cases mentioned above, a so-called interim injunction ( Section 123 of the Administrative Court Act (VwGO )) may be requested from the Berlin Administrative Court . The interim injunction is thus the central legal remedy for obtaining prompt judicial assistance in obtaining a visa. By applying for an interim injunction, you can request that the authority be required to take a provisional measure, such as scheduling an appointment or provisionally issuing a visa .
However, such an application is only successful under strict conditions. It requires a claim for an injunction (i.e., fulfillment of all legal requirements for the visa) and a reason for the injunction (i.e., a proven and credible case of particular urgency). Applicants must convince the court that without an immediate decision, serious, irreparable harm is threatened. Failure to do so will result in the applicant's request for an interim injunction being rejected, with costs .
2. Urgent cases: Visa for employment and study
Urgent cases regularly arise in the area of skilled immigration and student visas . Perhaps the most common case for a temporary injunction pursuant to Section 123 of the Administrative Court Act (VwGO) in labor migration law is the missed start date of an employment relationship due to a missing visa and the associated financial loss. Unfortunately, courts tend to be rather reluctant to recognize the missed start date of an employment relationship as a reason for issuing an injunction. However, the situation is different if the termination or dissolution of the employment relationship is imminent due to the missing visa : If there is a risk of job loss due to a missing visa, a temporary injunction for the immediate issuance of a visa may well be issued.
In the area of educational migration, too, the courts' recognition of grounds for issuing an order must be viewed in a differentiated manner. While there are some court rulings stating that missing the start of a course of study does not constitute grounds for urgent measures as long as no damage or disadvantage results. On the other hand, there are numerous situations in which important academic opportunities are missed (e.g., research contributions or participation as a speaker at important conferences). As soon as these academic opportunities represent significant "permanent career-defining opportunities," the threat of missing these opportunities can constitute grounds for urgent measures under Section 123 of the Administrative Court Code (VwGO).
3. Urgent cases: Family reunification visa
The courts are comparatively generous when it comes to interim injunctions for urgent cases relating to marriage and family . In emergencies relating to family reunification, the focus is usually on the fundamental right to protection of the family under Article 6 of the Basic Law (GG) , which also applies to foreign nationals and is given high priority under the German Constitution. If underage children or spouses have to remain separated for a long period of time , an application for an interim injunction may be necessary. The entry of family members into Germany due to the impending birth of a child can also often be enforced by way of an interim injunction. The same applies if entry is to be made to be with a dying relative or to attend a funeral or wedding .
It should be noted, however, that urgent cases and interim injunctions in visa law are always a matter of individual circumstances . While there are certain situations that are better suited to an interim injunction than others, a detailed case-by-case examination is always required. Courts examine very carefully whether an unreasonable disadvantage exists. The mere long wait for an appointment is generally not sufficient (exception: an appeal against a scheduled appointment ). However, if there is a genuine emergency , the court can order the embassy to schedule an appointment at short notice or issue a provisional visa. If in doubt, our highly experienced VISAGUARD lawyers will help you assess whether an urgent case exists or not.
4. Urgent cases: Visa for medical emergencies
Another "classic" temporary injunction under Section 123 of the Administrative Court Act (VwGO) in visa law is the short-term medical visa . Medical emergencies are often a matter of life and death. If a person urgently needs to travel to Germany to undergo necessary treatment, visa procedures can be expedited – if necessary with court assistance. Courts regularly recognize grounds for an injunction if a doctor confirms that treatment must be provided promptly to prevent a deterioration in health .
5. Fictitious certificate as a reason for the order
In practice, expedited proceedings due to the lack of a fictitious certificate of residence also play a significant role. The fictitious certificate confirms that a person's stay in Germany is legal despite an expired residence permit (see Section 81 Paragraph 3 and Paragraph 4 of the Residence Act ). Foreign nationals are entitled to a fictitious certificate if their residence permit has expired and they submitted an application to the authority before it expired. According to case law, the inaction of the immigration authorities despite an application for a fictitious certificate justifies a temporary injunction pursuant to Section 123 of the Administrative Court Procedure Code (VwGO), since without proof of legal residence , the police could deprive the person of their liberty until their residence status is clarified.
Another case of a fictitious certificate and interim injunction is the employer's request for a work permit . In this respect, employers are obligated to obtain confirmation of a work permit from foreign nationals (the so-called verification obligation pursuant to Section 4a of the Residence Act ). If the foreign national cannot do so due to the expiration of their residence permit, the employer can grant them (unpaid) leave. In these cases, too, the employer's issuance of a fictitious certificate to avoid the exemption can constitute grounds for an interim injunction.
6. FAQ on interim measures in visa law
What is the value of a preliminary injunction (urgent cases)?
The value in dispute of an interim injunction is often half of the standard value in dispute.
How much does an interim injunction in visa law cost?
The court fees for the interim injunction are approximately €400. In addition, there are legal fees, usually €1,500–€3,000 (depending on the scope, effort, and complexity).
When does an application according to Section 123 VwGO make sense in visa law?
An application is advisable if serious disadvantage is threatened without judicial assistance – such as loss of job or significant financial damage.
How quickly does the court decide on an urgent application?
In principle, the court always decides as quickly as the case requires. In urgent cases, the administrative court can decide within a few days, sometimes even within 24 to 48 hours. However, a coherent, well-prepared application with complete documentation and convincing justification is required.
7. Conclusion: Urgent cases in visa law
Interim legal protection is an indispensable tool in urgent visa cases. It provides protection against irreparable disadvantages and compels authorities to make swift decisions when people rely on their rights. Those affected should seek legal advice early on to avoid losing valuable time. VISAGUARD accompanies applicants through the entire process – from assessing the prospects of success to submitting the urgent application to the administrative court. We help you act quickly and effectively in emergencies.
List of Sources (Paywall)
[2] Oberhäuser, Migration Law in Advisory Practice (Nomos)
[3] Bergmann / Dienelt, Aliens Law, 15th edition 2025,