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Costs of legal proceedings
All information: Legal and court fees in visa law.
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Visa appeal without own funds (legal aid (PKH))
1. What are the costs of legal proceedings (visa law)?
2. Immigration legal fees (visa lawsuit)
3. Immigration court costs (visa lawsuit)
4. Legal aid and legal advice
5. FAQ – Costs of visa litigation
6. Conclusion – Costs of visa litigation in Germany
1. What are the costs of legal proceedings (visa law)?
Legal proceedings in immigration law can be associated with significant costs. The most significant expenses include legal fees and court costs . In addition, expenses for translations, travel expenses, or expert witness fees may also be incurred, especially if extensive documentation is submitted or additional evidence is required. Interpreters can also incur additional costs in court proceedings.
The total costs depend on the individual case. Anyone appealing a visa denial should be well informed in advance about the financial burden they can expect , as considerable sums can arise depending on the scope and complexity of the case. Depending on the course of the proceedings—for example, if multiple instances are involved—the costs can quickly escalate. VISAGUARD helps clients realistically estimate the expected costs.
2. Immigration legal fees (visa lawsuit)
Legal fees are generally governed by the Lawyers' Remuneration Act (RVG) . The amount of the fees under the RVG is determined by the value in dispute. This, in turn, depends largely on the case. Courts generally assume the following values in dispute for visa litigation:
Interim injunctions and summary proceedings : 2,500 euros in dispute (at least 724.41 euros in legal fees)
Visa appeals in the main proceedings (counter-refusal action): EUR 5,000 value in dispute (at least EUR 1,078.44 legal fees)
Legal proceedings in naturalisation cases : value in dispute of 10,000 euros (at least 1,963.50 euros in legal fees).
It should be noted, however, that the legal fees mentioned represent only the minimum . Many lawyers do not work according to the German Lawyers' Act (RVG), but rather on a flat fee or hourly rate basis. Depending on the scope of the case, legal fees for court proceedings range from €1,500 to €3,000 (+ 19% VAT). In court-ordered naturalization proceedings, legal fees can rise to as much as €5,000. For clients charged hourly (particularly in the corporate and group sectors), hourly rates of around €300 net are typical. If the lawyer also provides out-of-court services, additional fees apply. These fees must generally be paid in advance (for hourly rates, advance payments of the "fee quota" are common).
3. Immigration court costs (visa lawsuit)
Court costs in administrative proceedings are governed by the Court Costs Act (GKG) . The Court Costs Act also uses the value in dispute as the cost benchmark. Therefore, the following applies to court costs in immigration law:
Interim injunctions and summary proceedings : EUR 2,500 in dispute (court costs EUR 376.50)
Visa appeals in the main proceedings (counter-refusal): EUR 5,000 value in dispute (court costs EUR 511.50)
Legal proceedings in naturalization cases : value in dispute of 10,000 euros (court costs 849.00 euros).
In some cases, additional interpreter or translation fees may apply. However, these are generally limited.
4. Legal aid and legal advice
In certain cases, court costs may be waived or deferred – for example, if legal aid (PKH) is granted under Section 114 of the Code of Civil Procedure (ZPO ). In many visa procedures, applying for legal aid is advisable if sufficient funds are not available. The prerequisites are a reasonable prospect of success for the claim and the financial need of the applicant. In some federal states, legal aid can also be applied for under the Legal Aid Act (BerhG) . With a legal aid certificate, applicants can receive one-time, out-of-court advice from a lawyer on their case.
Forms for legal aid and legal costs assistance are available online , for example, on the Federal Justice Portal . Applying is generally very simple. However, it should be noted that legal aid mandates are generally unattractive for lawyers. Therefore, you should not expect to find an experienced and qualified immigration law specialist who will take on your client for the statutory minimum fee.
5. FAQ – Costs of visa litigation
How much does it cost to appeal a visa rejection?
As a rule, applicants incur total costs of 2,000 to 4,000 euros for a visa appeal, depending on the lawyer's fees and the course and scope of the proceedings.
What if I can't afford the procedure?
If you lack financial means, you can apply for legal aid. If your case is successful, the state will cover some or all of the costs.
If I win, does the other side have to pay the legal fees and court costs?
Yes, in principle, the losing party pays the legal costs of a visa appeal (Section 154 (1) of the Administrative Court Procedure Code (VwGO). However, this only applies to the statutory minimum fee; higher attorney fees are only reimbursed up to the amount stipulated in the RVG (German Lawyers' Act). It should also be noted that in visa law, the applicant often bears the costs (the so-calledBerlin settlement ). Even if this is not the case, reimbursement of costs through the cost reimbursement procedure (application for cost assessment) can take several months.
Can I estimate in advance what to expect?
Yes, the expected costs can be calculated in advance using RVG and court cost calculators.
6. Conclusion – Costs of visa litigation in Germany
Legal proceedings involving visa law are associated with considerable costs. In addition to court costs, attorney fees are particularly significant. Therefore, early clarification of financing – for example, through lump-sum fees or legal aid – is essential. VISAGUARD provides support in assessing the situation and helps obtain legal clarity at affordable rates.
List of Sources (Paywall)
[1] Friedrich Schoch/Jens-Peter Schneider in Schoch/Schmidt-Aßmann/Pietzner, VwGO