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Visa law: Everything about the appointment lawsuit
Information from a lawyer: Everything about the appeal in visa law.
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About this Page
what a deadline lawsuit is
when a scheduled action is possible
what risks a time-limited action entails
Time-limited action in urgent cases
Table of Contents
1. What is a scheduled action?
2. Deadline lawsuit and structural organizational deficit
3. Requirements for the time-limited action
4. Appointment in emergencies
5. FAQ Visa Deadline Action
6. Conclusion Visa appeal
1. What is a scheduled action?
A date-based action is a special form of performance action in administrative law. In visa law, it is aimed at compelling the foreign diplomatic mission to grant an appointment for a visa application. It is usually filed when applicants have not received an appointment despite repeated requests, or one is only offered in the distant future. A date-based action is then used to enforce the appointment by the courts . In practice, a date-based action is often used in cases of excessive waiting times, for example, for visa applications for family reunification, for skilled workers, or for trainees. Countries with structurally overburdened embassies, such as Turkey, Iran, or Nigeria, are particularly affected.
The background to the appointment action is the administration's obligation to act within a reasonable time (the so-called acceleration principle , Section 10, Sentence 2 of the Administrative Procedure Act ). This also applies to the scheduling of appointments for visa applications. Delays of several months or years can be unlawful. The action therefore aims to ensure the prompt allocation of a visa appointment and is an important tool against systematic delays, which are systematically practiced by diplomatic missions in some countries and in some procedures.
2. Deadline lawsuit and structural organizational deficit
The scheduling action is necessary because of a structural organizational deficit at the Federal Foreign Office and its diplomatic missions abroad. The embassies and consulates are simply unable (and often unwilling) to work efficiently. However, this deliberate administrative delay contradicts the applicants' legal obligation to cooperate with the embassies in implementing their claims under the Residence Act. If the Residence Act stipulates that a visa must be issued, then the Administrative Procedure Act stipulates that the embassies must also cooperate in the visa issuance process.
Unfortunately, the reality is quite different: Appointments are unavailable for months (sometimes even years), and some embassies no longer even have an appointment booking system, but instead operate a waiting list. Applicants then often register on the waiting list or check the appointment registration system for months without being able to book an appointment. In these cases, a lawsuit can be filed against the appointment.
3. Requirements for the time-limited action
The appointment-based lawsuit works thanks to a small trick in the law. The Federal Foreign Office and its diplomatic missions abroad always communicate to the public and in administrative practice that an appointment is required to apply for a visa. But that's not true! An appointment is not required to apply for a visa. This has been confirmed numerous times by several administrative courts (see , for example, the Administrative Court of Osnabrück, decision of April 24, 2009, 5 B 29/09, and the Administrative Court of Aachen (8th Chamber), judgment of July 29, 2021 – 8 K 2528/20 ). This means: legally speaking, you can also apply for a visa in writing or even by email .
In practice, the procedure for a scheduled action is exactly the same: A written visa application is submitted, and if the foreign mission has not decided on the application within three months , an action for failure to act is filed. The scheduled action is therefore a form of action for failure to act pursuant to Section 75 of the Code of Administrative Court Procedure (VwGO ). This also leads to the most important requirement for a scheduled action: An application must have been submitted, and more than three months must have passed since the application.
4. Appointment in emergencies
In particularly urgent cases —for example, in cases of impending family separation or the imminent start of university—an action for a hearing can be filed in expedited proceedings (so-called interim injunction ). The three-month deadline stipulated in Section 75 of the Administrative Court Code (VwGO) does not need to be observed in these cases. The court will then examine, within the framework of what is known as interim legal protection, whether a hearing should be granted provisionally. The urgency and the prospects of success in the main proceedings are decisive factors.
Urgent proceedings can lead to a court decision within a few weeks. However, it should be noted that courts have high standards regarding urgency. Thorough documentation of the emergency is essential. Here, too, the better the legal preparation of the case, the higher the chances of success.
5. FAQ Visa Deadline Action
When can I file a court action?
If the foreign mission does not make an appointment despite repeated attempts or only offers an appointment in the distant future.
How long does the court hearing take?
Regular legal proceedings can take several months, especially if the application hasn't yet been submitted to the foreign mission. An expedited procedure is significantly faster—often within three to six weeks. However, there are significant hurdles for expedited proceedings.
What risks are there?
The procedure involves court costs. If the plaintiff loses, the court and attorney fees are borne by the plaintiff. There are no other disadvantages. In particular, the authority may not treat you less favorably simply because you exercise your rights.
Do I need a lawyer?
There is no obligation to have a lawyer. However, legal representation is recommended to properly review the legal requirements and increase your chances of success.
How much does the scheduled action cost?
The costs of a court hearing depend on the individual case, particularly the complexity and scope of the proceedings. However, including court and legal fees, the total costs are expected to be approximately €2,000–€4,000.
6. Conclusion Visa appeal
A date-based action is an effective tool against administrative inaction in the visa process. It enables applicants to assert their right to a timely visa appointment. The chances of success depend heavily on the specific circumstances of the case. A date-based action can also be used strategically to put pressure on the authorities. However, it should be carefully prepared – ideally with legal assistance. Especially in urgent cases, a date-based action in summary proceedings can lead to rapid results. Anyone wishing to defend themselves against long waiting times should seek legal advice early on. VISAGUARD supports you with experienced lawyers in visa law.
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List of Sources (Paywall)
[1] Schoch/Schneider/Porsch, 45th edition January 2024, VwGO § 42
[2] Bergmann / Dienelt, Aliens Law, 15th edition 2025
[3] Hofmann (ed.), Aliens Law, 3rd edition 2023