The court thus clarified once again: Even with a growing number of naturalization applications, the right to a prompt decision remains - as does the right to a Lawsuit for failure of act in accordance with Section 75 of the Administrative Court Code (VwGO).
The decision not only concerns this specific case, but is of fundamental importance for many applicants in Germany whose proceedings have been on hold for months or even years.
Naturalization application without decision for 18 months
In the underlying case, an Iraqi citizen had submitted an application for Naturalization in February 2024 - including all documents to prove the requirements under Section 10 of the German Citizenship Act (StAG).
The required documents include
- a legal Residence permit
- Valid proof of identity(national passport, birth certificate, etc.)
- Declaration of loyalty
- Proof of livelihood (employment contract, salary certificates)
- Proof of language and integration (language test, German school or training qualification and/or "Living in Germany" test)
- Registration certificate and proof of rent
The authority confirmed receipt of the application and invited the man to a personal interview in November 2024 - nine months later. At this appointment, he presented all the original documents.
In the summer of 2025 - around a year and a half after the application was submitted - a decision on Naturalization had still not been made. When asked, the authority explained that the Naturalization Department was "massively overloaded". The reason for this was the sharp increase in naturalization applications since the new citizenship law came into force in 2024, staff shortages and cases of illness.
The man then filed a Lawsuit for failure of act at the Arnsberg Administrative Court. The court initially suspended the man's naturalization procedure until December 2025 - on the grounds that the authority's overload was a "sufficient reason" for the delay.
The plaintiff appealed against this decision to the Higher Administrative Court of North Rhine-Westphalia - with success.
The verdict: Overwork is not a legal reason for inactivity
The OVG followed the plaintiff's argumentation: Neither a lack of personnel nor a general overload of the administration were legally sufficient to justify a delay of years.
The judges found that the plaintiff had submitted a complete application and that the administration had already been obliged to start processing it since February 2024. As no further documents were requested and there were no particular difficulties in the individual case, the application should have been decided long ago, according to the court.
Only in absolutely exceptional cases can a short-term delay be excused, for example in the event of a temporary flood of applications due to a change in the law. However, if - as in the case of the plaintiff - the authority is permanently overloaded, this is a structural problem according to the OVG.
The decision states: "If there is not a temporary but a permanent work overload of the case officers, it is the responsibility of the responsible ministry or the head of the authority to ensure sufficient replacement or to take appropriate organizational measures."
This means that the administration is obliged to solve its internal problems itself and may not pass on any resulting delays to applicants. The decision of the NRW Higher Administrative Court is final and incontestable.
Lawsuit for failure of act: Three-month rule also applies to Naturalization
Background: According to § 75 VwGO, a Lawsuit for failure of act can be filed if no decision has been made on an application within three months - unless there is "sufficient cause" for the delay.
The OVG expressly emphasized that this deadline also applies without restriction to naturalization procedures. Neither the Act on the Modernization of Citizenship Law, which came into force in June 2024, nor the current Sixth Amendment Act (from October 2025) contain a special provision that allows a longer deadline.
Political proposals to extend the deadline to six or twelve months were also deliberately not implemented. The legislator retained the three-month rule - even though the high burden on the authorities had long been known.
The OVG thus strengthens the previous legal situation: after three months of inactivity, a complaint may be filed.
Deadline begins with the application - not with a personal visit
Another important point: The processing period begins with the receipt of the application, not with the personal visit.
In the plaintiff's case, the naturalization authority had argued that the time limit under Section 75 VwGO only began when the applicant appeared in person in November 2024 - not when the application was submitted in February 2024.
However, the OVG rejected this view. The application had already been effectively submitted when it was received on February 16, 2024. This means that the deadline also began on this date.
Applications for naturalization are not subject to any formal requirements and can be submitted in writing, orally or for the record with the authorities. A personal appearance is not a legal requirement for the application to be valid.
The court thus made it clear that authorities may not delay the start of the deadline by referring to a later appointment for an interview.
When a delay is permissible - and when it is not
According to the court, a "sufficient reason" for longer processing only exists in a few exceptional cases - for example if:
- important documents of the applicant are missing
- the case is particularly complex, i.e. exceptional factual issues need to be clarified
- the cooperation of other authorities objectively requires a lot of time (e.g. for passport checks by the police)
- there are exceptional difficulties in establishing the facts
Not sufficient, however:
- Staff shortage
- Employee illness or vacation
- internal organizational problems
- Persistent structural overload of the administration
What does this mean for Naturalization in Germany?
The decision has considerable significance for naturalization procedures nationwide. Since the 2024 reform of citizenship law, the number of naturalization applications has risen sharply. Many municipalities and cities are reporting bottlenecks and long waiting times.
However, the OVG makes it clear that permanent overload is not a legal reason for inactivity. Authorities must react organizationally - for example, by increasing staff, digitizing or better prioritizing cases.
For applicants, this means that anyone who remains without a response for more than three months can take legal action against the lack of action.
Conclusion
With its decision of 25 September 2025, the Higher Administrative Court of North Rhine-Westphalia sends a clear signal: overwork does not protect authorities from the obligation to decide on naturalization applications in a timely manner.
For applicants, this means in concrete terms:
- Anyone who waits longer than three months for a decision can Lawsuit for failure of act
- Overloaded authorities are not a legal reason for months of delays
- Naturalization applications must also be processed quickly - regardless of staff shortages
- The processing period begins when the application is submitted, not when you appear in person
