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File your own visa lawsuit (your own visa lawsuit)
This is how you can file a claim for your visa or naturalization yourself.
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About this Page
when you can sue yourself
what requirements you need to file your own lawsuit
what the advantages and disadvantages of filing your own lawsuit are
Prompt for the formulation of your own statement of claim
Table of Contents
1. Filing a visa lawsuit yourself: What you need to know
2. Advantages of filing your own lawsuit (visa law)
3. Disadvantages of filing your own lawsuit (visa law)
4. Prompt for a statement of claim (visa law)
5. FAQ Visa appeal without a lawyer
6. Conclusion Visa lawsuit without a lawyer
1. Filing a visa lawsuit yourself: What you need to know
Many foreigners consider filing a lawsuit in visa law themselves—that is, going to court without a lawyer . This is generally possible, as there is no legal representation requirement in the first instance before the administrative court ( Section 67 of the Administrative Court Code ). This means you can draft and submit your statement of claim yourself—either directly or with the help of the legal aid office at the administrative court . This option is particularly suitable for applicants seeking to act quickly and cost-effectively, especially when filing lawsuits against visa rejections or in the naturalization process.
If you still want to file a lawsuit without a lawyer, you should carefully structure your statement of claim . The court needs to know which decision you are appealing against and why. The statement of claim should include: your personal information, the file number of the decision, the date of the decision, the exact decision you are appealing against (e.g., visa refusal), and a statement explaining why you consider the decision unlawful. Further details on the structure of the statement of claim can be found in our guide to drafting a claim in visa law . Further down this page, you will also find a prompt for drafting your own claim.
2. Advantages of filing your own lawsuit (visa law)
Filing a lawsuit without a lawyer has clear advantages : Filing a lawsuit without a lawyer can be attractive, especially for cost reasons . Those on a limited budget can save on the considerable legal fees . Furthermore, direct contact with the court facilitates a simplified procedure, with more emphasis on factual issues than on legal disputes. In addition, you can also retain a lawyer later in the proceedings.
A lawsuit can also be successful without legal representation – provided it is well prepared. Those who present their arguments clearly and in a structured manner can convince the court and will not automatically be disadvantaged. Especially in administrative law, a comprehensible presentation of the facts often counts more than formal legal sophistication.
3. Disadvantages of filing your own lawsuit (visa law)
From a legal perspective, however, it is of course not advisable to sue yourself. Those who sue without legal assistance face a key disadvantage: the chances of success are difficult to estimate . Without a legal assessment, you are essentially suing "in the dark," which quickly turns the process into a matter of luck. Strategic considerations are also virtually impossible – experienced lawyers are familiar with possible legal remedies and know how to steer proceedings in a favorable direction. Especially in complex cases , litigation strategy is often a decisive advantage .
In addition, structuring the content of a court presentation without legal knowledge is risky. Laypeople can inadvertently cite facts that do more harm than good to their case. Legal professionals, on the other hand, know which aspects are best emphasized and which are best left out. This is especially important because, in administrative law, a presentation once submitted cannot be retracted.
Finally, cooperation with the court is also problematic without a lawyer: Without lawyers, the process often progresses more slowly, as judges act more slowly or negligently. Plaintiffs without legal counsel generally have neither the resources nor the experience to pursue the proceedings effectively and purposefully and risk experiencing exactly the same situation as with the authorities: long waiting times, inattentive work on the part of the opposing side, and arbitrary decisions.
4. Prompt for a statement of claim (visa law)
If, despite the disadvantages mentioned, you wish to file a lawsuit yourself, we have prepared a corresponding prompt for you. You can use the prompt to draft your claim yourself and then submit it to court. The prompt is as follows:
"You're a lawyer. Draft a statement of claim with grounds for action in immigration and visa law for me. I want the uploaded rejection notice from the embassy to be overturned and my visa to be granted. Formulate objectively, precisely, and without drama. Use the perfect tense. Regarding the formalities, refer to this article by a specialist in immigration law on drafting a statement of claim (background information).
The following court is competent for the proceedings: [Competent Court]
The grounds for the action are as follows: [Description of the facts]”
If you upload the rejection letter to the AI (e.g., ChatGPT), the AI will most likely draft a sufficient statement of claim for you. This AI statement of claim will never reach the quality of a lawyer, but it will be sufficient to express your claim in court. Please note that we cannot accept any liability for the results of the above-mentioned prompt.
5. FAQ Visa appeal without a lawyer
Do I need a lawyer to file a visa lawsuit?
No. There is no requirement for legal representation before the Administrative Court in the first instance. You may file your claim yourself – in writing or through the Legal Aid Office. However, a lawyer can help you avoid mistakes and improve your chances of success.
How much will it cost if I sue myself?
You save on legal fees, but you still have to pay court costs. These usually amount to approximately €100 to €500, depending on the value of the dispute. If you win, the other side usually covers the costs.
What are the risks if I file a lawsuit without a lawyer?
You run the risk of overlooking important legal aspects or inadvertently presenting facts that weaken your case. Strategically managing the proceedings is also difficult without experience.
Can I still get a lawyer involved later?
Yes. Even if you filed the lawsuit yourself, you can still be represented by a lawyer throughout the rest of the proceedings.
6. Conclusion Visa lawsuit without a lawyer
Filing a lawsuit yourself can be a sensible step – especially if you're operating on a tight budget and want to challenge the decision quickly. Many visa law cases are manageable, and with a well-drafted statement of claim, applicants can certainly be taken seriously. The advantage: direct cost savings and easy access through the legal aid office. However, this step should be carefully considered. Without legal advice, strategic depth is lacking, and the risks of faulty argumentation or formulation are real. A legal assessment can help you assess the chances of success more realistically and avoid costly subsequent mistakes.
Our VISAGUARD tip for filing a lawsuit without a lawyer: If you're confident in your case and aren't under time pressure, filing a lawsuit without a lawyer may be a good idea. However, if more complex legal issues arise or if you're under time pressure, you should consult a lawyer (at least in an advisory capacity).
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List of Sources (Paywall)
[1] Michael Fehling/Berthold Kastner/Rainer Störmer in Fehling/Kastner/Störmer, Administrative Law | 5th edition 2021
[2] Visa Handbook, Initial Decision (Rejection of a Visa Application), as of May 2021
[3] Hofmann (ed.), Aliens Law, 3rd edition 2023