So in many cases, Einbürgerung in my case, the Ausländerbehörde tells you straight in your face that they need at least 6 or 12 months to process your application.
But according to § 75 VWGO and legit websites, “Personalmangel” is not a reason to take over 3 months for Verwaltungsverfahren, which Einbürgerung clearly is.
[Here’s the checklist from prigge-recht.de](https://imgur.com/ahKYA6S)
And doesn’t that apply to literally most of the things that the Ausländerbehörde should do? I’m talking about basic things like renewing a residency permit, not really complex cases.
2 comments
Well what do you think happens at the courts if the foreigners department gets sued with Untätigkeitsklagen en masse?
If you waited longer than 3 months and everything needed was provided by you, you have good chances “to win” an Untätigkeitsklage but in reality the judicial procedure needs a whole lot of time on its own.
They won’t let it go to court because they know they’ll lose.
You can have lawyers threaten with a lawsuit and give them a deadline (usually 2 weeks) past the 3 month mark, and whatever you need will be done by that deadline.
This way they will prioritize your case and skip the people that don’t know the law and/or don’t have lawyers.
I’ve done it this way multiple times.