Administrative procedures in residence law
All information on administrative procedural law in the Residence Act and the Employment Ordinance.
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Here you learn ...
when an administrative act exists in the right of residence
when an administrative act takes effect
how administrative acts in residence law are announced
when an administrative act is deemed to have been served
Table of contents
1. What is an administrative act?
2. Administrative acts in residence law
3. When is the administrative act effective?
4. Defense options against administrative acts
5. FAQ
6. Conclusion
1. What is an administrative act?
An administrative act in residence law is a sovereign decision by a foreigners' authority or other competent administrative body that specifically relates to an individual. Typical administrative acts include the granting, extension, or rejection of a residence permit , expulsion, or the ordering of deportation. Such decisions have direct legal consequences and are therefore particularly important for those affected. Therefore, most administrative acts (such as the granting or rejection of a residence permit) must be in writing (see Section 77 of the Residence Act ).
In residence law, the administrative act forms the legal basis for whether and for how long a person may stay in Germany. The administrative act provides those affected with clarity about their residence status and allows them to file an appeal or appeal against a negative decision within the deadline. Therefore, it is crucial to carefully review the content of the administrative act and act promptly. Especially in the case of negative decisions, it is advisable to consult a lawyer specializing in immigration law to avoid legal disadvantages.
2. Administrative acts in residence law
Which official actions are administrative acts?
The following decisions by authorities are administrative acts within the meaning of Section 35 of the Administrative Procedure Act:
Granting of a residence permit
Rejection of a residence permit
Withdrawal, revocation, limitation of a residence permit
declare a residence permit to have expired
Granting, revocation or shortening of a toleration, permission or ancillary condition
Requesting documents and asserting obligations to cooperate
Threat and ordering of deportations
Ordering of departure and deportation deadlines
Expulsions
Imposition of entry and re-entry bans
Commitment to integration measures
Which official actions are not administrative acts?
These decisions by the immigration authorities are not administrative acts:
Issuance of fictitious certificates
Hearings
Data transfers and data queries
internal approvals and prior approvals
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3. When is the administrative act effective?
An administrative act generally only takes legal effect when it is announced . According to Section 43 of the Administrative Procedure Act (VwVfG), an administrative act takes effect the moment it is announced to the person concerned. For applicants and authorities, the precise date of notification is of great importance, as this is often the time when deadlines begin to run. It is crucial that the content of the administrative act takes effect as it was actually announced - later changes or errors in the notification can influence its effectiveness. Important for those affected: An administrative act remains effective until it is withdrawn, revoked or otherwise dealt with. Only void administrative acts - for example in the case of particularly serious defects - are deemed to be invalid from the outset. Even unlawful administrative acts are therefore effective as long as they are not void.
The proper notification of an administrative act is governed by Section 41 of the Administrative Procedure Act (VwVfG) and is central to its effectiveness. If the administrative act is sent in writing by post, it is deemed notified on the fourth day after it was posted – unless proof of receipt cannot be provided. The same deadlines apply to electronic transmission, although additional requirements apply when retrieving it via publicly accessible networks: notification is only made the day after it is retrieved by the data subject. Public notification is also possible, for example in the case of general orders or when individual service would be unreasonable. Anyone who has received an administrative act should therefore inform themselves precisely about the form of notification and its legal consequences – particularly with regard to any deadlines for appeals or objections.
4. Defense options against administrative acts
Anyone who receives a burdensome administrative act – such as a rejected application or an official order – has the right to defend themselves against it. The main legal remedy is an objection, which must be submitted to the responsible authority within one month of notification of the administrative act ( Section 70 of the Administrative Court Act ). The objection makes it possible for the authority itself to review the administrative act again. If the objection is unsuccessful or if such a procedure is excluded by law, there is the option of filing an administrative action with the administrative court. Important: Whether an objection or action is admissible depends on the respective administrative act and the legal requirements – legal advice can be of decisive advantage in this case and is strongly recommended.
Successfully challenging a faulty or unlawful administrative act requires in-depth knowledge of administrative law. An experienced lawyer can not only assess the chances of success of an objection or lawsuit, but also ensure compliance with deadlines, fulfill formal requirements, and examine the individual's legal situation. Anyone wishing to defend themselves against an administrative act should therefore seek legal assistance early on to effectively represent their interests and avoid unnecessary disadvantages.
Contact us
Are you looking for a lawyer specializing in German immigration and visa law? We are happy to assist you with residence procedures before embassies, immigration authorities, and administrative courts. Our specialised attorneys are always by your side. Contact us to book an online appointment with a German immigration lawyer!
5. Conclusion
What is an administrative act?
An administrative act is any order, decision or other sovereign measure taken by an authority to regulate an individual case in the area of public law and which is intended to have direct legal effect externally (Section 35 of the Administrative Procedure Act).
What is an administrative act in residence law?
An administrative act is an official decision with direct legal effect for a specific person. In residence law, this includes, for example, the granting, rejection, or extension of a residence permit, expulsions, or deportation orders.
When does an administrative act take effect?
According to Section 43 of the Administrative Procedure Act (VwVfG), an administrative act becomes effective upon its publication. This is the moment it reaches the person concerned – e.g., by mail or electronically.
What is the difference between an administrative act and other official measures?
Not all official actions are administrative acts. For example, fictitious certificates, hearings, or data transfers are not considered administrative acts.
6. Conclusion
Administrative acts are the authorities' central tool in immigration law and often determine whether a person will stay, be granted temporary suspension of deportation, or leave the country. Their effectiveness is closely linked to proper notification. For those affected, this means paying close attention to when a decision is received—because important deadlines begin to run from this point onward. Anyone who receives a negative or incorrect administrative act should not enforce their rights alone. The legal assessment, formal requirements, and compliance with deadlines are complex. To avoid disadvantages, early legal advice on immigration law is strongly recommended.
Further information
List of sources
[1] Regarding the qualification of a fictitious certificate as not an administrative act, see BVerwG, decision of 21 January 2010 – 1 B 17.09 –, NVwZ-RR 2010, 330/331
