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Remonstration (visa)
Explanation of visa remonstration from an immigration attorney.
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About this Page
what a remonstration is
Remonstration procedure after July 2025
Procedure in cases of remonstrance
Remonstration and lawsuit (visa law)
Table of Contents
1. Abolition of the remonstration procedure
2. What was the Remonstration Procedure?
3. Difference between remonstration and contradiction
4. Procedure of the remonstration procedure
5. FAQ Remonstration
6. Conclusion Remonstration
1. Abolition of the remonstration procedure
ATTENTION: Since July 2025, the appeal procedure in visa law has been largely abolished . This article is therefore only relevant for so-called "old cases." The basis for this is a reform of administrative procedures abroad, which is intended to ease the burden on the Federal Foreign Office and German diplomatic missions abroad and make legal redress options more transparent. New visa rejections generally no longer contain instructions on appeal, but simply refer to the possibility of filing a lawsuit .
Until the change in the law, remonstrance was a central component of visa law. Anyone who had applied for a visa and received a rejection could submit a written statement to the relevant embassy or consulate explaining why they considered the decision to be incorrect (a so-called remonstrance). This allowed for a reconsideration of the decision by the same authority – without the need for court involvement.
2. What was the Remonstration Procedure?
The remonstration was an internal administrative legal remedy against the rejection of a visa application. It allowed the applicant to request a reconsideration by the relevant diplomatic mission within one month of receiving the rejection. The major advantage: The procedure was free of charge and often faster than a court action.
With the remonstration, one could submit new documents or point out any misassessments of the situation . The foreign mission would then reexamine the entire case and issue either a remedial decision or a so-called remonstration notice. This notice could then be challenged. However, a lawsuit was also possible during the remonstration process.
3. Difference between remonstration and contradiction
In Germany, an appeal is filed against negative decisions by authorities. However, unlike an appeal, the remonstration was not a formal administrative remedy within the meaning of the Administrative Court Act (VwGO) , but rather an internal administrative review mechanism specifically in the area of immigration law at diplomatic missions abroad. It was not processed by a higher authority, but by the same body that had originally rejected the application.
The remonstration procedure was introduced in the first place because it was legally impossible to appeal decisions made by foreign missions (embassies and consulates). According to Section 68, Paragraph 1, Sentence 1, No. 1 of the Administrative Court Act (VwGO), an appeal procedure does not take place if the administrative act is issued by a supreme federal authority . Embassies and consulates are supreme federal authorities, as they are part of the Federal Foreign Office according to Section 2 of the Federal Foreign Office Act (GAD ), and the Federal Foreign Office is a federal ministry (i.e., a supreme federal authority). The remonstration procedure was therefore introduced as a sui generis legal remedy, essentially equivalent to an appeal .
4. Procedure of the remonstration procedure
Before July 2025, a remonstration process worked as follows: After a visa was rejected, applicants had one month to submit a letter of remonstration (remonstration period). This letter had to be submitted in writing to the embassy or consulate, ideally with a statement of reasons and supporting documentation. A simple email was usually not sufficient – unless the remonstration was clearly submitted by a lawyer (see the visa handbook).
Processing times could vary greatly, often taking several weeks or even months . If the appeal was not resolved, those affected received a notice of appeal. This notice could then be contested by filing a lawsuit with the Administrative Court in Berlin. However, in the vast majority of cases, the notice of appeal was the same decision as the original decision. Therefore, the appeal process ultimately became merely a "transit step" to the lawsuit, which placed additional strain on the authorities and consumed administrative resources. Since appeals were rarely resolved, the appeal process was ultimately abolished.
5. FAQ Remonstration (Visa)
When is a remonstration still possible?
Only in exceptional cases: Some embassies are not yet consistently applying the new legal situation or are accepting voluntary requests for review. However, there is no longer a guarantee – anyone who receives a rejection should immediately consult a lawyer to determine whether the request is admissible and worthwhile.
How do I know if the remonstration is still possible?
A remonstration is only possible if the information on legal remedies in the rejection notice expressly states that a remonstration (instead of a lawsuit) can be filed.
What happens to ongoing protests?
Remonstrations submitted before July 2025 will generally be processed under the old law. However, whether they still have a real chance of success depends on the individual case and the conduct of the foreign mission.
Can one file a lawsuit during the remonstration process?
Yes, it is possible to move from the remonstration procedure to the legal action without waiting for the remonstration decision.
6. Conclusion on the remonstration in the visa procedure
For years, the remonstration procedure was a key tool for challenging incorrect visa rejections. Its abolition fundamentally changes the legal situation: Applicants will now have to file a lawsuit directly, which entails more effort and expense. At the same time, legal protection will be strengthened and made more transparent through judicial review. For many affected individuals, this represents a change. Anyone who applies for a visa today and is rejected has no second chance at the embassy (apart from reapplying) and must carefully consider whether to file a lawsuit. Legal advice is more important than ever to realistically assess the chances of success and take the appropriate steps. VISAGUARD supports you in this process.
List of Sources (Paywall)
[1] Visa Handbook, Remonstration Procedure, as of March 2023
[2] Visa Handbook, Administrative Dispute Procedure, as of: 03/2023
[3] BeckOK Migration and Integration Law, Ed. Bader/Decker/Kothe