How long it takes before I receive the second decision about my residence permit application from Ausländerbehörde?

Question

Hello. Thank you in advance for answering my question. I am waiting for a response from Ausländebehörde about my residence permit application. I received a rejection letter from them and I sent an objection letter. It's now more than 3 weeks and I haven't received the second letter. I have my Ausbildung contract and I'm already going to school and I have my apartment registered already but my residence permit application got rejected due to I entered Germany using an old residence permit card from other EU country. They told me I should've applied for a ausbildung visa before I entered Germany.

Does anybody have an idea how long before Ausländebehörde makes a decision? Because the Administrative Court in Stuttgart told me I could submit an objection letter to them if I received another rejection letter from ABH. Thank you.

Answer 1

Hi @sunnycity01

There is no specific timeframe for an objection letter (Widerspruch) to be answered. Only after three months without a response can you make a complaint of inaction on the part of the Ausländerbehörde. This is called ‘Untätigkeitsklage’.

In urgent situations, it is possible to file a legal suit against an authority before the decision on the objection letter is made. This is called in short ‘Eilantrag’ and in full ‘Antrag auf Gewährung einstweiligen Rechstsschutzes‘. You can file this with the Administrative Court in Stuttgart. In the application, you have to describe why it is urgent, i.e. if the lack of a residence permit is affecting your ability to take part in the Ausbildung. I recommend you obtain legal advice before submitting such a lawsuit.

Please note also that as you did not enter Germany with the correct visa, you can only be issued with a permit in exceptional cases. Hopefully in your objection letter you demonstrated that it would be excessively unreasonable to require you to leave Germany to obtain a visa. The fact that you have an apartment registered here is not relevant. The fact that you have begun the Ausbildung may work in your favour but it really is only in exceptional cases that they ignore the visa requirement.

Best,

Éanna

Comments

Dearest Éanna, thank you thank you very much for your detailed answer. I really appreciate you! I wasn't expecting an answer anymore because I posted this two weeks ago.

It's just tough because I'm alone here in Germany and it was an honest mistake that I didn't apply for Ausbildung Visa while I was in another EU country.

I believe I have written everything and my reasons in the objection letter. I am now only hoping they would see my sincerity. I am hoping for the best outcome.

I promise to update this post on what will happen to my case.

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Hello Éanna,

I hope you can still accommodate my questions right now. Unfortunately, the second notice is negative. The letter says that I can submit the legal action to the Stadt Amt and I was advised to submit a suspensive effect to the Verwaltungsgericht. And to consult a lawyer which I am doing to get advisory assistance.

Do you however suggest that I submit the suspensive effect and legal action alone? Do you happen to know what will happen if I get another negative decision from my legal action? Please help. Thank you again.

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Hi @sunnycity01 

Apologies I did not reply before now. You mention consulting a lawyer. This is advisable before taking any legal action. 

As the letter informed you, the only option left with your application is to submit a legal suit (Klage) with the court. As this Klage does not have a suspensive effect (Aufschiebende Wirkung), you have to apply for this in addition to the Klage. 

While you could submit these alone to make sure it is done within the deadline, I recommend you get legal advice and/or assistance in providing the grounds for your Klage. This has to be provided in detail and with reference to the law in order to have any chance of success. 

Based on the description of your case, I think it unlikely that a court would overturn the decision of the Ausländerbehörde. As I wrote previously, the authorities can only ignore the visa requirement in very exceptional cases when it would be unreasonable to require someone to leave and get a visa. I do not believe that having an Ausbildung is sufficient reason for this to be seen as unreasonable. 

If you get another negative decision, you will be required to leave Germany within a set period of time (usually 30 days).