You submitted your German citizenship application with all required documents, but months have passed without any response from the Foreigners' Authority (Ausländerbehörde). In this situation, filing an 'Untätigkeitsklage' (failure to act lawsuit) is the most effective legal step to force the administration to make a decision. However, the lawyer and court costs associated with this process require careful evaluation before filing a lawsuit. Based on the updated 2026 fee schedules, understand
Source note: This article is informational only. Rules and administrative practice can change. Always verify time-sensitive or legal details with official German authorities or a qualified immigration professional.
💡 Before filing a lawsuit, always send a written warning (Mahnung) via registered mail with a return receipt to the Foreigners' Authority, giving them a reasonable final deadline. This step is critical for proving the validity of the lawsuit and ensuring the
At a Glance
What is an Untätigkeitsklage and When Can It Be Filed?
An Untätigkeitsklage (failure to act lawsuit) is a legal remedy that forces the administration to make a decision when your German citizenship application is not processed within a reasonable time by the competent authority (Einbürgerungsbehörde). According to the German Code of Administrative Court Procedure (VwGO § 75), you have the right to file this lawsuit if at least three months have passed since your application and the authority has not completed the process without providing a sufficient reason (zureichender Grund). The goal of the lawsuit is not to automatically approve citizenship, but to ensure the administration reviews your file and issues an official decision
Understanding the financial aspect of the process is highly important before taking this legal route. The cost of an Untätigkeitsklage primarily consists of three main components: lawyer fees (determined under the Lawyers' Remuneration Act - RVG), court fees (Court Costs Act - GKG), and the Amount in Dispute (Streitwert), which forms the basis for all these calculations. When filing the lawsuit, an advance payment to the court (Gerichtskostenvorschuss) is mandatory
The Streitwert, which is at the center of the cost calculation, represents the monetary value of the lawsuit and is generally accepted as a standard €10,000 in German citizenship cases. This amount is not a penalty paid to the state, but merely a base value used to calculate lawyer and court costs. If additional family members, such as a spouse or children, are included in the application, this dispute value increases for each person and directly impacts the total costs
Comparative Analysis: Wait or File a Lawsuit?
When months pass after your citizenship application without any response from the competent authorities, two main options emerge: continue waiting patiently or file a failure to act lawsuit. The possibility of the process dragging on for years due to the backlog created by the new citizenship law drives many applicants toward legal action. However, filing a lawsuit requires accepting certain upfront costs
If the administration is found to be at fault and you win the case, all costs calculated according to the RVG and GKG schedules are covered by the state. Conversely, if your file has missing documents or the court finds the administration's excuse for the delay justified (such as prolonged security checks expected from other institutions), you may be left responsible for all lawsuit costs
Therefore, a strategic evaluation must be made before filing a lawsuit. If you indisputably meet the language and income requirements and your documents are complete, filing an Untätigkeitsklage is a logical step. However, if there are complex situations such as an employment contract in a probationary period, missing pension contributions, or an ongoing criminal investigation, filing a lawsuit might push the administration to quickly issue a rejection. In this scenario, resolving the deficiencies and establishing cooperative communication with the authority is a safer path
The Basis of Costs: How is the Streitwert (Amount in Dispute) Determined?
The Amount in Dispute (Streitwert), which forms the basis for calculating costs in a citizenship lawsuit, varies depending on the number of people included in the application
| Application Type | Estimated Amount in Dispute (Streitwert) | Cost Impact |
|---|---|---|
| Single Applicant | €10,000 | Basic lawyer and court fees are calculated on this base amount |
| Application with Spouse | €15,000 - €20,000 | The dispute value increases for the second person, raising costs by approximately 30-50% |
| Minor Child (Per Person) | + €2,500 - €5,000 | The added value for each child increases the total advance payment |
| Rejection Risk Due to Missing Documents | Variable | If the case is lost, all court and opposing counsel costs fall on the applicant |
Note: The values above are based on standard administrative court decisions. The exact Streitwert may vary at the discretion of the presiding court
2026 Updated Cost Breakdown: Lawyer and Court Fees
Calculated on a standard dispute value (Streitwert) of €10,000, the estimated cost items you may encounter as of 2026 are as follows
- • Court Fee Advance (Gerichtskostenvorschuss): Approximately €798 (Paid upfront before filing the lawsuit)
- • Lawyer Procedural Fee (1.3 Verfahrensgebühr): Between €1,000 and €1,200 approximately
- • Lawyer Hearing Fee (1.2 Terminsgebühr): Between €900 and €1,100 approximately (If a hearing takes place)
- • Postal and Communication Expenses (Auslagenpauschale): Standard €20
- • Value Added Tax (19% MwSt): Calculated on all legal services
Cost Reduction and Risk Management During the Lawsuit Process
Strategic steps to consider for minimizing financial risks and ensuring costs are shifted to the opposing party when filing a failure to act lawsuit
Always send a registered letter with a return receipt to the Foreigners' Authority before filing a lawsuit, allowing a reasonable period (e.g., 3-4 weeks). This step allows you to document the administration's unjustified delay
If you have existing legal protection insurance, check whether it covers administrative law (Verwaltungsrecht). Most insurances do not cover citizenship lawsuits, but exceptional policies might cover the costs
The administration will examine your file in detail the moment the lawsuit is filed. Ensure documents such as recent payslips, a valid passport, and a language certificate are complete
If the administration issues the citizenship certificate after the lawsuit is filed, conclude the case through 'mutual settlement' rather than withdrawing the lawsuit. This way, the costs are shifted to the administration
3 Critical Checks Before Filing a Lawsuit
Check 1: Has the legal waiting period to file an Untätigkeitsklage (failure to act lawsuit) expired?
An Untätigkeitsklage is a legal step that forces the institution to make a decision if the Foreigners' Authority (Ausländerbehörde) fails to respond to your citizenship application within a reasonable time. According to the Code of Administrative Court Procedure (VwGO), at least 3 months must have passed since your application, and the administration must be unable to provide a 'sufficient reason' (zureichender Grund) for this delay. It is not possible to file a lawsuit before this 3-month le
Check 2: What are the 'Streitwert' (Amount in Dispute) and other components that determine lawsuit costs?
Before filing a lawsuit, you should know that costs consist of three main components: lawyer fees, court fees, and the Amount in Dispute (Streitwert) that determines both. In German citizenship lawsuits, the Streitwert is generally accepted as a standard €10,000. If your spouse or children are also included in the lawsuit under the same file, this value increases for each additional family member, consequently raising your total costs
Check 3: How much exactly do lawyer and court costs amount to based on a €10,000 Streitwert?
Costs are calculated according to legal fee schedules. For a dispute value of €10,000, the court fee calculated under the Court Costs Act (GKG) using the 3-fold principle is approximately €798 and must be paid upfront (Vorschuss) before filing the lawsuit. Under the Lawyers' Remuneration Act (RVG), when factors like the 1.3 Verfahrensgebühr (procedural fee) and 1.2 Terminsgebühr (hearing fee) are added, lawyer costs average between €1,800 and €2,200
Will my citizenship application definitely be approved if I file a lawsuit?
No. Filing an Untätigkeitsklage does not guarantee that your citizenship application will automatically result in a positive outcome. This lawsuit only forces the administration to review your file and make a decision. If your application is rejected due to reasons such as missing documents, insufficient language certification, or failure to meet livelihood requirements, you will neither receive citizenship nor avoid paying all lawsuit costs
Can I recover the lawyer and court costs I paid if I win the lawsuit?
Yes. If the court decides that the Foreigners' Authority delayed unjustifiably and you win the case, the administration (the state) is obligated to pay the costs. However, if the administration has an excuse that the court considers valid, such as severe staff shortages, or if the administration is found to be in the right during the lawsuit process, all lawyer and court costs may remain your responsibility
Frequently Asked Questions
What exactly is an Untätigkeitsklage (failure to act lawsuit) and when can I file it for my citizenship application?
An Untätigkeitsklage is a legal remedy that forces the administration to take action if the Foreigners' Authority (Ausländerbehörde) fails to make a decision on your application within a reasonable time. You can file this lawsuit if at least 3 months have passed since your citizenship application and the administration has no 'sufficient reason' (zureichender Grund) for the delay. However, this lawsuit does not guarantee that your application will be definitively approved; it only ensures tha
What is the amount in dispute (Streitwert) and how is it determined for 2026?
The Streitwert is the basic reference value used to calculate court and lawyer fees; it is not the net amount that will come out of your pocket. In German citizenship lawsuits, this value is generally accepted as €10,000. If your spouse or children are also included in the lawsuit under the same application, this value increases for each additional family member, and consequently, lawyer and court costs rise as well
How much do lawyer and court costs average based on a €10,000 Streitwert?
Costs consist of two main components: Lawyer fees (RVG) and Court fees (GKG). Based on a €10,000 dispute value, the court advance (using the 3-fold fee principle) is around €800-€900. Lawyer fees average €1,800-€2,200 with factors like the 1.3 procedural fee (Verfahrensgebühr) and 1.2 hearing fee (Terminsgebühr). In total, the initial financial risk you should be prepared for is between €2,600 and €3,100
Who pays the costs if I win the lawsuit or if the administration makes a decision after the lawsuit is filed?
If the lawsuit is successful or if the administration makes its decision because the lawsuit was filed (without a justified reason for delay), all court and statutory lawyer costs are covered by the administration (Ausländerbehörde). However, if the delay is based on a justified reason, such as you submitting incomplete documents or failing to cooperate, you may lose the case and be forced to pay all costs yourself
What should I consider before filing a lawsuit, and what are the risks?
Legal processes always involve financial risk. An Untätigkeitsklage filed due to an incorrect or incomplete application may fail and lead to additional costs. Furthermore, depending on the court's workload, the process may take longer than expected. Before filing a lawsuit, you must ensure that all documents in your file (B1 certificate, Einbürgerungstest, payslips, etc.) are complete, the 3-month legal period has expired, and you have sent a written warning (Mahnung) to the administration
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⚠️ Important Notice
Filing an Untätigkeitsklage does not guarantee that your citizenship application will be automatically approved; it only forces the administration to make a legal decision. If the lawsuit is dismissed or you are found to be at fault due to deficiencies in your application, all court and opposing counsel costs may remain your responsibility. Legal processes involve financial risks and may not always result in success. The costs provided are estimated values based on 2026 standards and may vary
This article is informational only. Rules and administrative practice can change. Always verify time-sensitive or legal details with official German authorities or a qualified immigration professional.
