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Content of the complaint Migration and Visa
This is the content of a complaint in visa and migration law
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About this Page
what the necessary contents of a statement of claim are in visa law
how a lawsuit is structured in migration law
formal requirements for the statement of claim
Instructions on filing a complaint in administrative law
Table of Contents
1. Mandatory contents of a statement of claim (German visa law)
2. Structure of a statement of claim (German visa law)
3. Service of the lawsuit
4. Withdrawal of the action
5. FAQ Statement of claim Visa law
6. Conclusion of the complaint on visa law
1. Mandatory contents of a statement of claim (German visa law)
It is inherent in German immigration and visa law that applicants (and even some lawyers) are overwhelmed by the complexity of the legal field. Fortunately, the legislature was aware of this. Therefore, German administrative (procedural) law is structured in such a way that applicants or plaintiffs only need to clearly state what they want , usually without any formal requirements . This principle is reflected in the following:
Residence permits and visas can be applied for informally (i.e. also by email and even by telephone) by the foreigner ( Section 81 Paragraph 1 of the Residence Act , see Administrative Court of Osnabrück, decision of 24 April 2009, 5 B 29/09 ) and can also be issued informally by the authorities (see Section 77 of the Residence Act ).
The immigration authorities and embassies must investigate the entire case themselves (so-called investigation principle, Section 24 VwVfG ), foreigners are only obliged to cooperate in their own sphere (so-called duty to cooperate , Section 82 AufenthG ).
Applications from foreign nationals must be interpreted according to the foreign national's "true intention" and not according to the actual wording (so-called interpretation according to the objective recipient's horizon, §§ 133, 157 BGB ; see Administrative Court of Aachen (8th Chamber), judgment of July 29, 2021 - 8 K 2528/20 ). It therefore does not matter if a false application is submitted, as long as the circumstances and documents make it clear what the foreign national actually intends to apply for.
The above rules also apply, in a modified form, to court proceedings. For foreigners suing an immigration authority or embassy, this primarily means the following:
The action must contain the “claim”, but the “claim” does not have to be expressly stated, but only becomes apparent in an overall view of the grounds of the action and the documents ( Section 82 (1) sentence 1 VwGO ).
A separate formal court application does not have to be made explicitly as long as the claim is somehow recognizable to the court ( Section 82 (1) sentence 2 VwGO ).
If the claim cannot be read or interpreted from the statement of claim and the documents, the judge must point this out ( Section 82 (2) VwGO ).
In concrete terms, this means that you simply have to somehow make it clear to the court what you want. Unlike civil law (with very strict formal requirements, the so-called " Beibringungsprinzipsatz "), administrative court proceedings cannot fail due to formal requirements . Theoretically, you are therefore able to conduct the entire court proceedings before an administrative court alone and without a lawyer . However, you should note that the official language is German ( Section 55 of the Administrative Court Procedure Code (VwGO) in conjunction with Section 184 Sentence 1 of the Court Constitutional Act (GVG ). Therefore, if you want to file a lawsuit yourself and do not speak German, you must use a translation program (or AI) and request the assistance of an interpreter .
2. Structure of a statement of claim (German visa law)
The statement of claim is laid out like a normal addressed and dated business letter with the subject line "Claim." Below the subject line is the so-called " heading ," which identifies the parties (i.e., plaintiff and defendant) . Following the heading are the motions and the grounds for the claim (especially the description of the facts ). The claim should be signed at the end. A claim is generally structured as follows:
A. Rubrum and motions
The heading and the motions form the "cover sheet" of the lawsuit. The heading contains all relevant information about the parties. The heading of a visa lawsuit is structured as follows:
Letterhead with the competent court as the addressee (e.g. “Verwaltungsgericht Berlin, Kirchstraße 7, 10557 Berlin”)
Designation of the plaintiff and the defendant, each with address (e.g. “Mr. X [address] vs. Federal Republic of Germany/Federal Foreign Office [address]”)
Formulation of the applications (e.g. “In my out-of-court application procedure against the defendant, I request the annulment of the defendant’s rejection notice of [date of rejection] and the granting of a visa for the purpose of [visa purpose: e.g. work, family reunification, visit]”)
B. Facts
After the heading and the motions, you must describe the facts of the case chronologically so that the court can understand what's going on. You should keep the following in mind:
Unemotional and factual description of the chronological situation in the perfect tense.
Attachment of documents proving the facts (e.g. passport , employment contract and email communication with the defendant).
Do not be too detailed, dramatic or expansive (do not overload your written statements).
C. Legal assessment (optional)
Lawyers then interpret the facts in the most favorable manner for their clients ( legal assessment ). This is not recommended for laypeople, as it appears unprofessional to interpret a situation without the relevant expertise.
Lawyers use the so-called legal assessment to present their legal opinion (which is favorable to the client) on the case.
Laypeople can skip this part, as they are most likely unable to provide sound legal advice.
D. Appendix and conclusion
Finally, you must attach the relevant evidence to your lawsuit. If possible, the documents should be in German (or, if necessary, with automated translation). You usually don't need to submit originals unless the court requests them.
Copies of all necessary documents must be submitted to the court.
Necessary documents include not only personal documents (e.g. passport), but also any communication with the defendant (e.g. attempts to book an appointment by email).
3. Service of the lawsuit
Once you have drafted, printed, and signed your complaint, you must submit the documents to the court . There are several options available:
Submit the complaint and attachments by mail to the court (keep the tracking number).
Post the statement of claim in the court mailbox (bring witnesses with you).
Submit the printout of the claim to the legal department of the court .
Electronic transmission of the lawsuit by a lawyer ( special electronic lawyer's mailbox (beA) ).
In any case, you should make sure that you keep proof of the filing of the statement of claim.
4. Withdrawal of the action
You should be aware that filing a lawsuit has immense consequences and triggers major administrative procedures. However, in administrative law, the plaintiff can withdraw a lawsuit at any time ( Section 92 of the Administrative Court Code ). Withdrawal terminates the proceedings without the court ruling on the merits. It generally results in the plaintiff having to bear the costs of the proceedings . Express consent from the court is not required; the court simply confirms the withdrawal by order.
5. FAQ Statement of claim Visa law
Do I have to use a specific form for the statement of claim?
No. A statement of claim in administrative law—especially in visa law—doesn't have to follow a specific form. It can be written as a simple business letter, as long as it clearly states what you want. The crucial thing is that the court can understand your claim.
Do I need to hire a lawyer?
No. Legal representation is not mandatory in the first instance before administrative courts. You can draft and file your complaint yourself. However, it is advisable to seek professional assistance from a lawyer or interpreter, especially in complex cases or where language barriers exist.
What happens if I submit the wrong application?
Even if you formally submit the "wrong" application, this is generally unproblematic under administrative law. What matters is what you truly want to achieve. The court is obligated to interpret your application according to the "objective recipient's perspective."
What documents do I need to attach?
Attach all relevant evidence to your complaint, such as copies of your passport, email correspondence with the embassy or immigration office, rejection letters, contracts, etc. Documents in foreign languages should be translated if possible.
How do I submit the complaint to the court?
You can submit your claim by mail, by dropping it in the court mailbox, in person at the Legal Application Office, or digitally through a lawyer. Important: Keep proof of submission, such as a tracking number or a receipt.
6. Conclusion of the complaint on visa law
The statement of claim under German visa law is less formalistic than many people think. Foreign nationals, in particular, benefit from the basic procedural principles in administrative proceedings : It is sufficient to somehow explain to the court what you want to achieve – the precise legal term is secondary. Anyone who expresses themselves clearly, remains objective, and submits the correct documents can file a lawsuit without legal assistance. Nevertheless, a good written statement increases the chances of success, especially when complex issues or scope for interpretation are involved. Anyone unsure should seek professional advice in a timely manner.
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List of Sources (Paywall)
[1] Friedrich Schoch/Jens-Peter Schneider in Schoch/Schmidt-Aßmann/Pietzner, VwGO