Untätigkeitsklage — Flat-Fee Court Action for a Stuck Citizenship or Residence Application

Price€1,500flat fee + court fee advance

FormatAction for failure to act (§ 75 VwGO) · I file and handle court and authority until the decision

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€1,500, a flat fee, plus the court fee advance shown separately. The fee covers the whole action until a decision or judgment; there is no hourly billing on top. Technically, a separate appearance fee (Terminsgebühr) can become payable if the court schedules an oral hearing. In the vast majority of these cases that does not happen — the authority decides once the action is served — and I would tell you before any hearing date is fixed.

An Untätigkeitsklage (action for failure to act) is a court action against an authority that has not decided an application. Under § 75 VwGO, you can go straight to the Verwaltungsgericht (administrative court) if the authority has not decided within a reasonable time and has no sufficient reason for the delay. As a rule, the action cannot be filed until three months after the application, unless special circumstances require a shorter period.

The court serves the action on the authority and asks it to respond. If the authority has a sufficient reason, the court suspends the case and sets an extendable deadline for the decision. If the application is granted within that deadline, the case is declared settled. If there is no sufficient reason and the authority still does not act, the court decides the case itself: if you are entitled to what you applied for, it orders the authority to grant the application where the case is ready for decision, or otherwise to decide it in line with the court's view of the law.

This is a flat-fee court action for people whose German citizenship or residence application has been sitting with the authority for at least three months without a decision. It suits you if your application was complete, you have heard nothing beyond an acknowledgment, and you want the file moved rather than another status e-mail.

Not sure whether you qualify? Run the free check first; it takes two minutes. If you would rather talk it through, book a consultation. If you are ready, request the action directly.

What's included

Review of your file and the chronology of the delay.
Drafting and filing the action at the competent administrative court.
All correspondence with the court and the authority until the authority decides on your application or the court gives judgment.
An objection (Widerspruch) if it becomes necessary in the course of the proceedings.
The cost motion, so that the authority is ordered to bear the costs if the delay was unjustified.

What is not included

The court fee advance, shown separately. It is usually reimbursed by the authority if the delay was unjustified.
Translations and certified copies.

▸Who it's for

Your naturalization, residence permit, permanent residence or visa application was filed complete at least three months ago.
The authority has not decided and has not asked you for anything that you have not supplied.
You want a lawyer to file the action and deal with the court and the authority until a decision.

▸How it works

Request. You send the request through the form with your application date and the last letter you received.
I review and confirm whether the action is available. If a deadline cannot wait, book a consultation.
Onboarding online. You receive a secure link: fee agreement in text form (§ 3a RVG), power of attorney and payment.
I file once I receive the fee agreement, power of attorney and any necessary documents, and keep you apprised of any updates.

▸Questions people ask

Is the action still needed if the authority decides after I file? That is the usual outcome. The action is declared settled, and the court decides who pays what amount.

Can I do it without a lawyer? Yes. There is no lawyer requirement at the administrative court of first instance. In practice, a correctly drafted action with the right cost motion and a clean file is what makes the authority move quickly, and mistakes on admissibility can cost you the fees.

Will it damage my application? No. The authority still has to decide on the merits, and a court action does not become part of the assessment. It only changes the timetable.

What does it cost beyond the flat fee? The court fee advance, shown separately, which falls due when the action is filed; its amount depends on the value the court sets for the case. Translations and certified copies are not included, and the appearance fee described above can become payable if the court schedules an oral hearing. Under § 161 Abs. 3 VwGO, if the authority decides only after the action is filed and the case then ends, the costs always fall on the authority, provided you could expect a decision before you filed. If the authority had a sufficient reason for the delay, or the action was filed too early, that rule does not apply and the court can burden you with the costs.

How long does it take once the action is filed? There is no fixed timetable. The court serves the action on the authority and asks it to respond, and in most cases the authority then decides on the application; if it grants it, the action is declared settled and the court decides on the costs. If the authority shows a sufficient reason, the court suspends the case and gives it a deadline, which can be extended. If the authority still does not decide, the case goes on to a judgment, and how long that takes depends on the court.

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Last reviewed: October 2026 — RAin Fiona Macdonald

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