Your Rights if the Ausländerbehorde doesn't respond
Last Friday, we had a successful webinar on your rights if the immigration authorities don't respond. The immigration lawyer, Mr. Artjom Spirin, shared his insights and practical tips to deal with the immigration office.
Here are the learnings from the webinar.
Different Types of Residence Permits and Eligibility Criteria
EU Blue Card
- For people with a university degree and a job offer.
- Minimum salary: about €50,000 per year (lower for IT, engineering, medicine, and math jobs).
- No German language needed.
- Valid for up to 4 years.
- After 2 years, you can change jobs without extra approval.
Skilled Worker Permit
- For people with vocational training or recognized qualifications.
- Salary can be lower than the Blue Card requirement.
- Tied to your employer. Changing jobs is harder.
Family Reunion
- Let's family members join you in Germany.
- Your family must show basic German (A1 level).
- Best to apply together from the start.
How to learn the German language? ->
Tips for faster processing when applying for a visa from your home country
- Choose smaller cities. Offices there are less busy.
- Ask your employer to use the accelerated procedure. In this case, the immigration authorities must give you an appointment and make a decision within 6 weeks.
Accelerated procedure
If you are a qualified Blue Card applicant, you can request that your employer contact the embassy or consulate to expedite the visa process. It works well when you are still abroad and cannot get an appointment.
By law, the embassy must schedule an appointment for you within three weeks of your employer's application. Within another three weeks, a decision must be made.
This means you could arrive in Germany within six weeks. The same procedure can also be used for family reunification.
The whole process is legally regulated. You can seek support from a lawyer if in doubt.
Once you are in Germany
Permanent Residence (PR)
- You can apply for a PR after living in Germany for 5 years.
- If you have a Blue Card, you can get a PR after 21 months.
- Requirements: pension contributions, B1 German, integration course, adequate housing.
Citizenship
- Germany now allows dual citizenship.
- You can apply for German citizenship after 5 years. In exceptional cases, 3 years.
-
German level
- B1 for 5 years,
- C1 for 3 years.
- Must pass a citizenship test. You can prepare for the citizenship test here.
- No serious criminal record.
What is considered a serious criminal record?
A serious criminal record typically results in either prison time or fines equivalent to at least 90 days' worth of your annual salary.
Example: Suppose you earn €3,000 per month. In this case, a fine of €9,000 or above is considered a serious criminal record.
NOTE: Using public transport without a ticket is fare evasion and is a criminal offense. This means it does appear on your record.
However, such cases usually don't block your citizenship.
Suppose you have a more serious offense or a high fine. In this case, you should get legal advice.
What options do you have if your visa or residence permit expires when you are in Germany?
- Apply for an extension on time, even one day before expiry.
- You are entitled to get a Fiktionsbescheinigung (temporary permit). An email from the immigration office stating that this email is valid till your visa is renewed is also fine.
What is Fiktionsbescheinigung?
Fiktionsbescheinigung is a temporary permit that allows you to stay and work legally in Germany. If you have applied for your visa or resident permit renewal on time, you are entitled to get this document.
Moreover, your employer cannot fire you, stating that you don't have a valid resident permit.
Be careful when traveling with a Fiktionsbescheinigung. You must check if your Fiktionsbescheinigung allows it.
You can find this information on your Fiktionsbescheinigung.
Even if your Fiktionsbescheinigung allows you to travel outside Germany, some officers at border control may not be aware of it and may refuse you entry into the country. So, avoid traveling outside Germany unless absolutely urgent.
Legal Tools Against Delays
It's common that expats wait for several months to hear from the authorities. What can you do in such situations?
Here are your options
- First, get a Fiktionsbescheinigung or an email from the authorities. This will act as proof that you are legally residing in Germany.
- Inaction Lawsuit (Untätigkeitsklage)
- Provisional Injunctive Relief
Inaction Lawsuit (Untätigkeitsklage)
You can file an Untätigkeitsklage if the authorities do nothing with your case for more than three months.
The court will then force the authority to make a decision. But keep in mind, this decision is not guaranteed to be positive.
The court only ensures that the authority responds. The authority's answer could still be a rejection if you don't meet the requirements.
Thus, you must ensure that you meet all the requirements before filing the Untätigkeitsklage. A lawyer can help you determine if you meet the requirements.
How long does it take to get a response after filing the Untätigkeitsklage?
There is no timeline set in law. The court needs time to process your case. The speed depends on the city and the court.
In some cases, decisions were made in as little as three months. In other cases, people had to wait much longer.
Do you get the legal fees back if you win the Untätigkeitsklage?
In Germany, the losing party pays the legal fees of the winning party (except in labor law).
This means that if the court considers that the immigration authority must make a decision, you have won the case. However, the decision the authority makes might or might not be in your favor.
Can you file the Untätigkeitsklage yourself?
Yes, you can file the Untätigkeitsklage yourself. You only have to pay the court fees. You will get the court fees back if you win the case.
How much does a lawyer charge for filing the Untätigkeitsklage?
Normally, lawyers charge up to 2500€ for filing the Untätigkeitsklage.
However, we have collaborated with Mr. Spirin, and he currently offers to file the Untätigkeitsklage for FREE.
This means that if filing an Untätigkeitsklage makes sense, Mr. Spirin will file the lawsuit for free on your behalf. You only have to pay the court fees.
Mr. Spirin gets paid by the immigration authorities if you win the case.
Provisional Injunctive Relief (Einstweiliger Rechtsschutz)
The provisional injunctive relief is a legal tool that can be used when you need a fast decision.
Unlike the inaction lawsuit, which only forces the authority to make a decision, this procedure goes directly to the court. The court can issue a temporary decision very quickly. This makes it useful in urgent cases, such as the risk of losing your job or residence.
With provisional injunctive relief, the focus is on giving you temporary legal security while your case is pending with the immigration authorities.
It is considered the fastest option to protect your rights when the authorities are not responding.
