Action for delayed German citizenship application in Berlin
Your citizenship application with the Berlin LEA or another citizenship office has been pending for months? We review whether legal action is possible and sensible.
The administrative court asks the authority to respond. This often causes the authority to start processing and request updated documents.
Why does processing at the LEA Berlin take so long?
Since 1 January 2024, the Landesamt für Einwanderung (LEA) alone has handled all citizenship applications in Berlin — previously, responsibility lay with the twelve district offices. This centralisation into a newly established department was meant to standardise procedures, but it met a substantial backlog of unprocessed applications from the districts as well as a sharp rise in new applications following the reform of the Nationality Act. The result: tens of thousands of cases are currently pending at the LEA, many well beyond the statutory processing period. A phone or in-person status enquiry is practically impossible at the LEA — the authority explicitly asks applicants to refrain from making enquiries.
Requirements for an action for failure to act under § 75 VwGO
If the authority has not decided on an application within a reasonable period without sufficient reason, a claim can be filed without first going through an objection procedure. The law names three months from the date of application as the standard period. This period is not a rigid limit — what matters is whether the authority can present a comprehensible, case-specific reason for the delay, such as a specifically named, still ongoing security check. According to case law, a blanket reference to general workload overload is generally not sufficient.
How an action for failure to act proceeds before the Berlin Administrative Court
After the claim is filed, the court asks the LEA to comment and submit the administrative file. This judicial pressure alone often causes the authority to conclude the application promptly, even before an oral hearing takes place — the proceedings then end with issuance of the citizenship certificate. If the case continues, the court examines whether a sufficient reason for the delay exists and can order the authority to decide within a set deadline.
Costs and cost risk
Court fees apply to an action for failure to act, along with — where legal representation is used — statutory lawyer's fees under the Lawyers' Remuneration Act (RVG). If the authority rules in the applicant's favour after the claim is filed, cost reimbursement by the state of Berlin regularly comes into consideration, since the authority gave cause for the claim through its inaction. We assess the cost risk in your specific case before filing and disclose the expected costs transparently.
Frequently asked questions about the action for failure to act
Do I need to worry about high costs before filing?
No — since the authority regularly bears the costs where its inaction was unjustified, applicants in a successful action for failure to act frequently bear little or no costs of their own. We clarify the individual risk before taking on your case.
How quickly does an action for failure to act affect the LEA?
Simply serving the claim on the LEA often has an accelerating effect, as the authority is asked to comment. Many cases resolve because the authority concludes the application before any court decision is made.
What happens if the LEA decides during the lawsuit?
In that case, the main proceedings are declared resolved. The court then decides on costs at its discretion, taking into account the facts and status of the dispute so far — often to the detriment of the authority if it remained inactive without sufficient reason.
Does the three-month period also apply to other procedures besides citizenship?
Yes, § 75 VwGO is a general rule of administrative procedure law and applies in principle to all proceedings in which an authority must decide on an application — for example also applications for residence permits or settlement permits.
Legal basis: § 75 Code of Administrative Court Procedure (VwGO). All information is provided without guarantee and does not replace individual legal advice — actual processing time and prospects of success always depend on the individual case.