The ruling strengthens the rights of many people who are awaiting Naturalization . It makes it clear that naturalization applications must be reviewed and decided within a reasonable time.
Naturalization application Naturalization unprocessed for months
In the case we handled, a man had applied for Naturalization in early 2025. Months later, according to the relevant authority, his application had not even been reviewed. The authority processed naturalization applications strictly in the order in which they were received and had built up a large backlog from several years.
The applicant then filed a Lawsuit for failure of act Section 75 of the Administrative Court Rules (VwGO).
The competent administrative court in Magdeburg initially suspended the proceedings in September 2025 and gave the authorities until mid-2026 to review the man's application. The court cited the high workload of Foreigners' office organizational measures already in place as reasons for its decision.
The man appealed against this decision—with success. The Higher Administrative Court of Saxony-Anhalt ruled in his favor and overturned the original decision.
Background: What is a Lawsuit for failure of act?
A Lawsuit for failure of act is a legal remedy that allows applicants to defend themselves against prolonged inaction on the part of an authority. It can be considered if an authority fails to decide on an application or appeal for a prolonged period of time.
In principle, a Lawsuit for failure of act can be Lawsuit for failure of act if an authority fails to make a decision for more than three months without sufficient reason. This period applies to most administrative proceedings under the Administrative Court Rules (VwGO).
A Lawsuit for failure of act therefore not Naturalization to Naturalization . It can generally be brought in the case of any pending administrative decision—for example, applications for Residence permit, Settlement permit, but also in cases involving social benefits or tax law proceedings.
The aim of Lawsuit for failure of act to oblige the authority to decide on the application or objection. It is therefore not automatically a question of a positive decision, but rather that a decision is made at all.
Lawsuit for failure of act also Lawsuit for failure of act without restriction in nationality law
With this ruling, the Higher Administrative Court of Saxony-Anhalt clarifies the significance of Lawsuit for failure of act nationality law. The ruling makes it clear that Lawsuit for failure of act pursuant to Section 75 VwGO is also fully applicable to naturalization applications. Naturalization procedures are not a special area in which years of delays simply have to be accepted.
The Higher Administrative Court of Saxony-Anhalt is thus following a ruling by the Higher Administrative Court of North Rhine-Westphalia from September 2025. There, too, it was emphasized that naturalization procedures do not constitute an exception.
In the opinion of the judges, the Lawsuit for failure of act serves Lawsuit for failure of act effective legal protection. This means that a decision is not made "at some point," but within a reasonable period of time.
Three-month period is a guideline, not a strict time limit
According to § 75 VwGO, a Lawsuit for failure of act may be Lawsuit for failure of act if an authority fails to make a decision for more than three months and there is no sufficient reason for this.
However, the current ruling makes it clear that the three-month period does not mean that every application for Naturalization must be decided within three months Naturalization . Rather, the period serves as a guideline for the processing time.
This is because, particularly in the case of naturalization, processing can and may take longer in individual cases, for example in the following situations:
- missing documents
- necessary cooperation from other authorities (e.g., the police)
- particularly complex issues
However, if the applicationis complete and ready for a decision, there is usually no reason for further delays, and the authority must Naturalization on Naturalization .
Ultimately, it always depends on the individual case and the total duration of the proceedings. These may take longer than three months, but must be reasonable overall. Both the applicant's interest in a timely decision and the reasons on the part of the administration are taken into account.
Waiting period of several years for Naturalization permitted
In the present case, however, the situation was clear. The authority itself stated that the average processing time was currently around 2.8 years. In addition, it was foreseeable that the plaintiff's application would also only be processed after several years, as it had been classified chronologically.
The court considers this duration to be unjustified. A processing time that is more than ten times longer than the statutory three-month period is unreasonable, even taking into account the special features of naturalization procedures.
Permanent overload is an organizational problem for the authority
The authority cited several reasons for the long processing time. It pointed to a sharp increase in the number of applications since 2021, changes in nationality law, internal relocations, and new digital processes. In addition, there was a shortage of staff. Many employees were sick or on parental leave.
The court acknowledged that these factors had made the authority's work more difficult. At the same time, the court made it clear that permanent staff shortages and organizational problems did not justify years of inaction.
A short-term overload may temporarily explain longer processing times. However, if the overload persists for several years, it is a structural problem that the authority itself must resolve. The consequences must not be passed on to the applicants.
The court was particularly critical of the fact that the situation had hardly improved despite additional staff. Processing times were still well over two years, and the backlog was only being reduced very slowly. According to the court's assessment, it would take many more years before normal processing times could be achieved again. The judges ruled that this was unreasonable for those affected.
Significance for those wishing to become naturalized
The decision is of great importance for people who have applied for Naturalization in Germany —or plan to do so in the future—and have been waiting for a decision for a long time. The OVG clarifies the rights of those seeking naturalization and the limits of long processing times.
Specifically, the court clarifies:
- Applicants do not have to accept years of inaction on the part of the authorities. Nationality law also sets clear legal limits on the duration of administrative proceedings.
- Long waiting times are legally contestable (Lawsuit for failure of act) if there are no specific reasons explaining why a decision has not yet been made on an application.
- The three-month period is a guideline, not a strict time limit. Naturalization procedures do not necessarily have to be completed within three months and may take longer in individual cases—for example, if documents are missing, other authorities need to be involved, or the circumstances are particularly complex.
- If the application is complete and there are no particular difficulties, the authority must make a decision within a reasonable period of time.
- Authorities may not permanently cite overload or staff shortages as reasons for delays. A short-term overload may justify a delay. However, if the overload persists for years, it is no longer a sufficient reason to leave naturalization applications unprocessed.
Conclusion
The ruling makes it clear that Naturalization a legally protected process in which applicants are entitled to a decision within a reasonable period of time.
Delays caused by structural overload on the part of the authorities are unacceptable. Authorities are obliged to organize themselves in such a way that naturalization applications can be processed and decided upon within a reasonable time frame.
