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

We want the develop the services and costs for failure to act inside the application proceedings for an entry visa from outside Germany. We know how important it is to you to avoid wasting money and efforts, so we're here to help you with two 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. The fees for the file inspection will be covered by us. 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 and our fees. Remedying an incomplete application is a quicker and cheaper 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 imagine two possible scenarios which we want 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. With regard to the allocation of costs, the action for failure to act has the special feature of §161 III VwGO. According to this, the authorities always have to bear the costs if the plaintiff could have expected a decision before the action was filed. This applies regardless of the final decision. If, for example, 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, the "normal cost risk" exists, since the inactivity of the authorities has then come to an end. The "normal cost risk" means that the loser has to pay everything.

Overview of Costs

Court fees are flat and mandatory. They cannot be negotiated! Lawyer's fee 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 more, I want to do this below when asking for the surcharge.

Let us briefly explain what the "procedural" and "hearing" fees are for. The procedural fee is for filing the complaint and fighting for your rights as long as it is 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 verbally discuss the case more than once.

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 when forgetting something. Depending on your situation, we would like to have:

• a copy of your passport,
• a copy of your address registration,
• the application forms,
• your diplomas,
• proof of the diploma's recognition,
• your spouse's marriage certificate,
• certified translation of your spouse's marriage certificate,
• your child's birth certificate,
• certified translation of you child's birth certificate,
• employment contract,
• anything else you might consider relevant.

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