The number of Berlin residents who filed an official complaint against German immigration authorities for citizenship application processing delays quadrupled in 2024.

Official complaints against German citizenship delays quadruple in 2024

1.662 Berlin residents filed official “inactivity complaints” (Untätigkeitsklagen) against the German government over citizenship application processing delays in 2024. The number of complaints is up from the 402 filed in 2023, amounting to a 313 percent increase.

These figures have not been published publicly but were given in response to a parliamentary information request filed by Elif Eralp (The Left) and have been seen by the Berlin daily, Tageszeitung.

Untätigkeitsklagen are a legal pathway for residents to challenge authorities’ processing delays. Someone who has applied for German citizenship can launch an Untätigkeitsklage when they have not been given a decision at least three months after submitting their application.

Why have so many more Berliners filed Untätigkeitsklagen?

Berlin’s immigration authorities have long been buckling under a worker shortage. Attempting to improve the situation, in late 2022 the city’s senate announced it would relieve district offices of the responsibility to process citizenship applications and open a new, centralised office at the Landesamt für Einwanderung (LEA). 

Despite a backlog of 40.000 applications, some of which were almost five years old, processing was paused until the new centre opened in January 2024. But when the centre did open, those who had submitted paper applications years earlier, before the online application system was launched, found that their cases were being processed more slowly than those who had submitted applications online more recently.

“Presenting high naturalisation figures for online applicants was, unfortunately, more important than a just process for everyone,” Eralp told Tageszeitung, adding that residents who submitted paper applications and were still waiting were told to re-submit their documents online. If they did so, they had to pay the 255 euro submission fee a second time.

Fortunately for Untätigkeitsklagen complainants, administrative courts do not accept time shortages, staff shortages or a high number of applications as a valid justification for such long waiting times. As such, a huge wave of applicants who had been waiting years for a decision and hedging their bets on the efficiency of the new centre but were left disappointed, filed complaints.

How does filing a citizenship application inactivity complaint work?

Across Germany, if you submit a citizenship application and have still not received a decision three months after your submission, you can submit an Untätigkeitsklage to the administrative court (Verwaltungsgericht).

Before you do so you should contact the authority responsible for processing your application and demand in writing that they move forward with your case.

The next step requires hiring a lawyer to look over if your application is watertight, e.g. documents are not missing. Missing documents is a valid reason for immigration authorities to delay processing.

If a lawyer confirms that your application is complete and was submitted correctly you should collect proof of processing delays, such as your application submission confirmation and any correspondence with authorities about your application or unanswered emails.

You can then submit a written complaint to your local Verwaltungsgericht and pay a court fee of around 800 euros. If your complaint is successful your citizenship application will be processed in a few weeks or months and local authorities will have to reimburse your lawyer and court expenses. If your complaint is unsuccessful you will have to cover the costs and the wait for a decision on your citizenship application continues.

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