Service to Prepare and Run an Action for Failure to Act while still Abroad

We want to develop the services and costs for failure to act within the application proceedings for an entry visa from outside Germany. We understand the importance of avoiding wasted money and effort, so we're here to help you with two simple steps.

1st Step - Testing the Merits of your Case

You will provide us with all the documents you have submitted. We will then conduct a parallel inspection of your file with the relevant immigration authorities. Once we have received all the necessary information, we will verify that everything is complete and correct. We will cover the fees for the file inspection. If anything is missing, we will inform you. This will conclude the first step. However, if you have any further questions or require further clarification, we will be happy to discuss this with you. Should you file an action for delayed processing and subsequently discover that your application is incomplete, you will not only be embarrassed but also liable for the court's and our fees. Remediating an incomplete application is a quicker and more cost-effective alternative.

This step will cost you € 200 and will include the office fees for inspecting your file.

The next step depends on the result of the consultation. We envision two possible scenarios that we would like to address.

2nd Step - Alternative 1: Incomplete Application

In the situation that we are unfortunate to notice that your application lacks completeness, you have the chance to either rectify the matter yourself - without our support. You will have to send the missing documents to immigration by yourself. This approach is free of cost and consultation.

If you want me to continue arguing on your behalf, then we will have to negotiate exactly what is to be done. My fees are tied to my workload.

2nd Step - Alternative 2: Complete Application

Having noticed that all is complete, you are ready to open an action in court. Concerning the allocation of costs, the action for failure to act has the special feature of §161 III VwGO. According to this, the authorities must always bear the costs if the plaintiff could have reasonably expected a decision before the action was filed. This applies regardless of the final decision. For example, if, after filing an action for failure to act, the authorities issue a negative decision, the plaintiff has the option of declaring the legal dispute settled. The authorities would then have to bear the entire costs (i.e. court costs and our fees).

Only if the legal dispute is then continued does the "normal cost risk" exist, since the inactivity of the authorities has then come to an end. The "normal cost risk" means that the loser must pay all costs.

Overview of Costs

Court fees are flat and mandatory. They cannot be negotiated! Lawyers' fees are governed by the Attorneys' Remuneration Act (RVG). The fees determined therein for representing your interests in court are the statutory minimum. In average, they are pretty fair. Yet, they assume that all is done in German. When you study this page and not its German version, it is evident that your German may not be sufficient. Since we may negotiate for more, I would like to include this below when requesting the surcharge.

Let us briefly explain what the "procedural" and "hearing" fees are for. The procedural fee covers the filing of the complaint and the pursuit of your rights, as long as it occurs outside a hearing. The hearing fee is, as the name already hints, is for any and all live hearings in court. This fee does not change when the court calls all in for an appointment to discuss the case more than once verbally.

The above fees will be applied per person – regardless of age. As mentioned above, court fees are not eligible for negotiation.

What to upload?

The second button below leads you to our online assignment form, where you may also upload all relevant documents. As mentioned above, we need to learn what you have shared with immigration. Let us guide you before you waste even more time forgetting something. Depending on your situation, we would like to have:

• a copy of your passport,
• the application forms,
• anything else you might consider relevant.

Cultural Remark

Knowing that some cultures do not like to go to court / argue but seek harmony in a compromise. This does not work in Germany with the authorities when they have denied an application! There is no chance anymore to discuss anything because the case is over – “GAME OVER”.

Maybe you fear negative consequences because you appeal? Relax! Germans take it very sportingly. They are not allowed to treat your application negatively on purpose because you “dared” to appeal/contradict. It is a right in Germany to file an appeal – to get a second opinion from a higher authority. If the consulate loses the case, they will continue processing your application – as if nothing happened. If you lose the case, then it will more clearly show what was wrong in your setup and how to remedy the next approach.

How to Assign us

Just click the first button for the initial consultation, if you prefer to pre-discuss all with me. Otherwise, we look forward to your assignment.

Book your initial consultation

Hire us for lack of action class