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Deadline for filing a lawsuit (administrative law)
All information on the limitation period for appeals in visa law.
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how long the appeal period is under visa law
Steps to comply with the deadline for filing a lawsuit
Options after the deadline (visa law)
everything about legal remedies and deadlines
Table of Contents
1. Time limit for filing an action as a prerequisite for admissibility
2. Deadline for action for annulment
3. Deadline for action for an order
4. Options after the deadline
5. FAQ Visa Deadline
6. Conclusion Visa appeal deadline
1. Time limit for filing an action as a prerequisite for admissibility
Compliance with the deadline for filing a lawsuit is a key requirement for admissibility in administrative court proceedings. Anyone wishing to take legal action against a visa rejection decision must strictly adhere to the statutory deadline – otherwise, the lawsuit will be dismissed as inadmissible. The deadline for filing a lawsuit is regulated in Section 74 of the Administrative Court Act (VwGO) .
In visa law, the deadline for filing an appeal is generally one month from the date of service of the rejection notice, provided the notice contains proper instructions on legal remedies in accordance with Section 58 of the Administrative Court Act (VwGO) . Without such instructions, the deadline is extended to one year. The deadline begins on the date on which the notice is actually received by the applicant—for example, by registered mail or personal delivery (see Section 57 of the Administrative Court Act ).
2. Deadline for filing an action for annulment
An action for annulment is directed against the rejection of an application (for example, a visa application) or the withdrawal of a favorable administrative act, such as a visa that has already been granted. In both cases, the one-month deadline specified in Section 74 of the Administrative Court Code (VwGO) applies, beginning with the notification (i.e., service ) of the rejection notice by the authority. Particular attention must be paid to the form of service in the case of visa rejections. If the notice is sent via the diplomatic mission abroad or by post, the date of service is decisive. A late action, even by a few days, will be dismissed by the administrative court as inadmissible. Anyone wishing to defend themselves against a rejection should therefore initiate legal action early on. If necessary, the action can also be filed initially within the deadline and then substantiated later.
If the authority has provided the opportunity to lodge a complaint in the notice, a complaint can be filed with the embassy before the expiration of the complaint period . The deadline for filing a lawsuit is then extended until the complaint procedure is concluded or until the lawsuit is filed during the complaint procedure. However, such cases are becoming less common, as the complaint procedure has since been abolished . Therefore, most notices issued after July 2025 only contain the standard one-month deadline for filing a lawsuit.
3. Time limit for action for an order
Deadlines also apply to actions for an administrative order . In an action for an administrative order, the authority is sued for the issuance of a requested visa if it has not decided on the application or has rejected it. Here, too, the limitation period begins upon receipt of the rejection notice and is generally one month ( Section 74 (2) of the Administrative Court Procedure Code (VwGO ). If the authority has not yet rejected the application (but the application has already been submitted), the three-month deadline under Section 75 of the Administrative Court Procedure Code ( action for failure to act ) applies.
An exception to the limitation period for actions for performance and failure to act are urgent cases (so-called applications for a preliminary injunction , Section 123 of the Administrative Court Code ). In these cases, compliance with the three-month deadline for actions for failure to act is not necessary . However, the prerequisite for the three-month deadline not applying to actions for failure to act is that, due to the special circumstances of the case, an immediate decision is necessary to avert significant disadvantages . This risk must be made credibly and comprehensively to the court (so-called grounds for the order). Whether this requirement is met can only be determined through a specialist legal analysis of the case.
4. Options after the deadline
Once the limitation period for filing a lawsuit has expired, there are few options for challenging the decision. For example, lawyers are able to examine the service or instructions on legal remedies to determine whether they contain formal errors. Strict legality requirements apply to instructions on legal remedies in administrative decisions (see Section 58 of the Administrative Court Code (VwGO )), and there is extensive case law on deadlines and the validity of instructions on legal remedies. An incorrect instruction on legal remedies results in the limitation period being extended from one month to a full year (Section 58 (2) of the Administrative Court Code (VwGO)).
If the information on legal remedies was correct (which will usually be the case), only the so-called " reinstatement in the previous status " pursuant to Section 60 of the Administrative Court Procedure Code (VwGO) will help. However, reinstatement in the previous status is only possible if the missed deadline is due to an impediment for which the defendant is not responsible – such as serious illness or ignorance due to faulty service. Even reinstatement in the previous status is granted only with caution by authorities and courts, since in case of doubt, once the decision has been received, there is always the option of hiring a lawyer or simply filing an appeal within the deadline, which will then be substantiated later.
If there are no grounds for reinstatement, the only option is to submit a new application for a visa. The new application should be as substantiated as possible and include new facts or documents. Alternatively, the authority may consider reopening the procedure in individual cases in accordance with Section 51 of the Administrative Procedure Act.
5. FAQ Visa Deadline
How long is the period for appealing a visa decision?
As a rule, it is one month from the date of service of the rejection notice. Without instructions on legal remedies, it is one year.
How can I calculate the time limit for filing an action in migration and administrative law?
The deadline begins on the day after delivery and ends at the end of the same day of the following month. Deadline calculators such as the one from LTO or Smart-Rechner can help with the calculation.
What can I do if I missed the deadline?
In exceptional cases, an application for reinstatement may be submitted. Otherwise, the only option is to submit a new visa application. However, there are exceptions to this.
6. Conclusion Visa appeal deadline
The deadline for filing an appeal is of central importance in visa law. Anyone wishing to challenge a rejection or delay must be fully aware of the deadline and adhere to it. Otherwise, the administrative court will reject the appeal against a rejection decision as inadmissible. In this case, the decision becomes final and binding, meaning it cannot be appealed. Timely legal advice on calculating the deadline can therefore be essential for successfully challenging a visa. VISAGUARD supports you in all steps of the process – from checking the deadline and filing a lawsuit to representing you in court.