Action for Failure to Act in Naturalisation Proceedings
Action for Failure to Act in German Naturalisation Procedures
Long delays in naturalisation proceedings may under certain circumstances justify judicial review. This page explains waiting times, legal requirements and practical considerations relating to actions for failure to act.
Why do actions for failure to act arise in naturalisation procedures?
Long processing times have become one of the most common issues in German naturalisation law. In many cities, procedures take significantly longer than one year and sometimes considerably more. Actual waiting times vary substantially between authorities.
Naturalisation proceedings involve multiple legal and factual assessments, including residence history, residence status, identity, language skills, livelihood requirements and security-related checks. At the same time, authorities have faced increasing numbers of applications in recent years. The German government itself assumed a substantial increase in naturalisation applications following nationality law reforms.
However, long processing times alone do not automatically justify legal proceedings. Whether judicial action is possible depends on statutory requirements and whether authorities can provide sufficient reasons for delay.
When may an action for failure to act become relevant?
Actions for failure to act generally derive from Section 75 German Administrative Court Procedure Code (VwGO). Put simply, judicial proceedings may become possible where authorities fail to issue a decision for an extended period without sufficient justification.
Relevant questions often include:
- When was the naturalisation application submitted?
- Have all requested documents been provided?
- Has communication with the authority taken place?
- Are there objective reasons for delay?
- Do exceptional workload situations apply?
Applicants frequently refer to the three-month period under Section 75 VwGO. However, this does not automatically mean proceedings succeed after three months. Individual circumstances remain decisive.
Can staff shortages or administrative workload justify delays?
This issue plays an important role in naturalisation procedures.
German courts have indicated that general references to staff shortages, consequences of the pandemic or increased migration-related workload do not automatically justify prolonged inactivity. Structural organisational problems cannot necessarily be shifted permanently onto applicants.
At the same time, longer processing times are not automatically unlawful. Authorities may be able to justify delays where exceptional circumstances exist or where significant efforts to address backlogs are demonstrable.
Whether delays remain acceptable usually depends on the specific circumstances of the individual case.
Particular relevance in Berlin
Berlin has experienced significant delays in naturalisation procedures over recent years. For extended periods, applicants reportedly waited on average up to two years for initial appointments. At the same time, Berlin has pursued centralisation and digitalisation measures aimed at reducing waiting times.
Since 2024, online application systems and digital procedures have been expanded further. Shortly after introduction, authorities reported very high numbers of online submissions.
Legal proceedings concerning delayed naturalisation decisions have also increased significantly in Berlin. Actions for failure to act now play a much greater practical role than only a few years ago.
Nevertheless, prolonged waiting periods alone do not automatically mean legal proceedings will succeed.
What does an action for failure to act achieve?
An action for failure to act does not automatically result in German citizenship being granted.
The immediate purpose of proceedings is usually to obtain an administrative decision from the authority. In practice, authorities occasionally continue processing applications or issue decisions while court proceedings remain pending.
Judicial proceedings do not replace the substantive legal requirements for naturalisation. Applicants who do not fulfil the requirements under Section 10 German Nationality Act will not obtain citizenship merely because of lengthy delays.
Common questions before initiating proceedings
Applicants frequently ask:
- Do I need to send reminders first?
- Are twelve months of waiting sufficient?
- What happens if the authority reacts shortly before proceedings begin?
- Does my application need to be complete?
- Are delays in Berlin assessed differently?
Success often depends less on absolute waiting periods and more on procedural history and the authority’s justification for delay.
Legal support in delayed naturalisation procedures
Actions for failure to act in citizenship matters often concern procedural strategy and administrative practice as much as substantive nationality law.
Before initiating proceedings, it may be useful to assess:
- whether legal requirements are fulfilled
- whether documents remain outstanding
- whether alternative measures should be taken first
- whether urgency exists
- how comparable cases are handled by the relevant authority
Related Topics
Contact
If you would like to assess whether delays in your naturalisation procedure remain within ordinary processing times or whether judicial remedies may become relevant, an individual review may be useful.
Contact Information
You can also reach us directly using the contact details below. We are available to answer your questions and schedule consultations.
Düsseldorf Office
Email Address
Dr. Theresa Rath
Dr. Theresa Rath advises on immigration law, business migration and German citizenship law. She advises in German, English, Spanish, Italian and Portuguese.
FAQ
Do I need to send reminders or status requests before initiating an action for failure to act?
Not necessarily. Judicial proceedings do not automatically require multiple reminders beforehand. However, status requests may sometimes be useful to clarify missing documents or document procedural history.
Whether additional communication should occur before legal action often depends on the specific circumstances of the case.
Are six or twelve months of waiting automatically sufficient to justify proceedings?
No. Waiting periods alone rarely determine whether proceedings may succeed. Relevant considerations include procedural history, completeness of documentation and whether authorities can provide sufficient justification for delays.
Processing times in naturalisation matters differ considerably between authorities. Long waiting periods therefore do not automatically mean legal action will be successful.
Does a successful action automatically result in German citizenship?
No. Actions for failure to act do not automatically lead to naturalisation. Their immediate purpose is usually obtaining an administrative decision.
Applicants who do not fulfil substantive naturalisation requirements do not obtain citizenship solely because authorities delayed proceedings. However, legal action may help end prolonged procedural standstills.
Can authorities justify delays through staff shortages or workload?
In some cases, yes – but not without limits. German courts have indicated that general workload issues or structural organisational problems do not automatically justify every delay indefinitely.
At the same time, exceptional circumstances or significant increases in application numbers may sometimes be relevant. Whether delays remain acceptable usually depends on the individual case.
Are there particular considerations for naturalisation procedures in Berlin?
Berlin has experienced significant delays in naturalisation procedures over recent years. At the same time, authorities introduced greater digitalisation and centralisation efforts. Legal proceedings relating to delayed naturalisation decisions have also increased.
Nevertheless, prolonged waiting periods alone do not automatically mean proceedings will succeed. Individual circumstances remain decisive.