What can I do if I don't receive an answer to my application for a residence permit from the "Ausländerbehörde"?

Question

I applied for aufenthaltsgesetz 16g on February 22. But till date I haven’t gotten a response. They messaged me beginning of March to request more documents and ask questions which i submitted. I messaged them in April the week of Easter to ask them how much longer should I wait and they said I should be patient they are still processing. But now it’s end of May and they still haven’t gotten back to me. Is it suppose to take this long? Or what is happening?

Answer 1

Dear @Jessica27,

Welcome back at Wefugees and thank you for reaching out to us again.

I am sorry to hear that you have to wait for such a long time. Generally speaking (as my colleague explained here before), "if the Ausländerbehörde is taking a long time to deal with an application, you can file a lawsuit of inactivity ("Untätigkeitsklage"). This is possible after three months of having made the application. The authority can only be allowed more time if there are sufficient reasons for the delay. Such reasons have to be related to the application itself, for example there are still documents missing or some documents needed to be additionally checked by another authority. Organisational reasons like not having enough staff to process the application in time are not acceptable.

If the authority has everything it needs for the application and it has been over three months, then this could be an option for you. You should first again ask the Ausländerbehörde about the status of your application. You can file the Untätigkeitsklage with the administrative court (Verwaltungsgericht). As this is a legal procedure, however, I recommend you get legal advice if you intend to do this. We cannot provide legal advice here."

It is generally advisable to apply for a residence permit retroactively (i.e. from the date of application). It is also advisable to make it as easy as possible for the authorities. This means explaining your claim (i.e. the reasons why you should be issued this residence permit) in simple terms and, ideally, quoting the relevant sections of the law. After the first application, you should wait at least 4 weeks and then possibly write another reminder in which you again set a processing deadline of 4 weeks. If there is still no response, you could send a second reminder and possibly threaten to file an action for failure to act (perhaps even a so-called ‘Dienstaufsichtsbeschwerde’). In most cases, the authorities should then respond.

I can highly recommend to get support by a migration counselling office. You may use this search engine to find a counselling service in your area.

I hope this helps and good luck with your application!

Best,

Meike

Answer 2

Hi,

Thanks for your response below. I really thought deeply about it. But I’m just scared that if I do that, I can get in their bad books considering the residence permit 16g is not a right so if they decide to not give it to me they can do that and nothing legal entitles me to that residence permit.

i have however enquired twice with them about the status of the application and they’ve only been saying it’s still being processed. I don’t know why it would be in process for this long. But I don’t know honestly.

The issue I’m now facing is that I have to move from my apartment as the lease will be over and my current landlord passed away. I’ve been looking for an apartment for months but all I keep getting is no because I have a 3 month Duldung so they think I will be here for just a short time and leave again. Even if I explain to the landlords or brokers that I won’t be leaving, they don’t feel secure with the Duldung for 3 months here. So now I’m stuck and have no idea what to do. Mind you I live in a very small Landkreis close to a big city so the housing prices in this landkreis is very high and the housing options are not only limited but also very competitive.

ive explain my issue to the immigration office and they’ve only said that there is nothing they can do for me regarding my residence permit and my application is still in process and I should just wait for a mail from them. I’m honestly lost at what to do without upsetting them even though I’m in a desperate situation.

Comments

Dear @Jessica27, 

I am very sorry to hear that you still haven't received any feedback from the immigration office. That really is a very long time – more than half a year, isn't it? I really think you should seek further assistance. Especially since you could now also run into difficulties with your living situation. Have you contacted an advice centre, as I recommended in my last reply? I understand that you don't want to get into trouble with the immigration office. But perhaps simply threatening to take legal action for failure to act/"Untätigkeitsklage" (with a final deadline) could also be an option? 

I'm not a lawyer, but if I understand correctly, you are entitled to a residence permit if you meet all the requirements. Here is an overview of all the requirements at Handbook Germany: https://handbookgermany.de/en/vocational-training-residence 

If you cannot secure your livelihood with the training, an "Ausbildungsduldung" might also be an alternative. From a distance and without knowing your case in detail, it is somewhat difficult to say more. But I would definitely recommend individual support from an advice centre. Perhaps you will then also come to the conclusion that legal representation/a lawyer would be advisable or sensible. 

I'm keeping my fingers crossed that things will start moving soon, and please feel free to give us an update in the meantime. I'm closing your newly opened post with the same content to maintain a better overview. I hope that's okay. 

All the best, 

Meike

Answer 3

Hi, thank you for the message.

Let me just break down my situation.

I was an asylum seeker in south africa.

moved to germany  with only my asylum seeker documents i received in south africa as those were my identification documents. Almost like an aufenthaltsgestattung but it has a scannable barcode.

when i had my interview i provided the asylum documents because thats the only documents i had. i left my home country as an infant and as you know as an asylum seeker you can not seek documents like an ID or anything from your home country unless you are directed to do so by the immigration office. In south africa just like here, you can use the asylum seeker document to do anything and everything except for traveling outside the country.

At the interview i was asked about if i have identification from my home country which i said no, ive never had which is true. ive only ever used the asylum documents considering ive never left the country. The interview happened, i was told that after the interview if ever i have any extra doocuments, i should bring it in.

After a few months of leaving the Reception Center. I went to the Immigtation Office and ask them to explain my residence permit, what i can do and what i cant. thats when they told me my identity has not been cleared, even though when i **** on the screen i could see the asylum seeker document i have them. And they told me that its not a proof of identity. I was never told at my interview or anytime between that that my identiry has not been cleared.

So i informed my parents about it and told them i need to clear my identity, i never had a id from my country because only i can do that. but my parents did their best and was able to get my birth certificate. which a month or 2 after the time i went to the immigration office i sent it to BAMF on the address i received after my interview when i was told "if i have any documents i should send to them".. I was never given a response if it was received or not. Like nothing at all. I received a negative on my asylum application beginning of last year and when i went through the documents, i saw the birthcertificate copy inside with a stamp of when i sent it and everything. so it was only when i received the negative letter did i know that they received my birth certificate.

obviously i did an appeal which was approve and i waited for a court date which never came. After speaking to a couple of Asylum Advisors. they told me about 16g which is when i thought of getting it.

End of February i applied for 16g and since then ive been waiting for a response. im always reaching out to check how far it is and the response is always i should be patient till today.

Just to be clear i was not hiding my identity, i thought it was cleared, soon as i found out it wasnt, i cleared it.

And yes, the immigration office emailed me after i applied for 16g about this and i explained the exact same thing which they responded with okay.

but till today im still waiting for an outcome to my application

the reason i do not want to get an Ausbildungduldung: I am in tech, we have a lot of activities happening at school and at work. for example this year alone my school had 2 Auslands Programs which are fully funded for and i couldnt participate because i cant travel. My work has a workshop for all my colleagues in Austria and everyone went except me because i cant travel. both my sisters got married which i couldnt attend. there are a lot of women in tech events all over europe that i would like to attend but i cant with an ausbildungsduldung i will be restricted. so i dont want it. for each travel i kept in touch with the immigration office and they told me to be patient. They also advised me if i urgently need the residence permit i should leave the country voluntarily and apply for a visa and come back and thats the fastest way otherwise i have to wait cause everything takes long and they are very understaffed but thats a very uncertain situation and dont want to get stuck outside. so i decided against it.

Quick Timeline:

Moved to Germany October 2022

first interview where they register you was November 2022

Main interview January 2023

Went to Immigration Office May/June 2023

Gave birth certificate August 2023

asylum case was closed December 2024 which i reached out to my country embassy and got an ID

Provided the ID the embassy gave me to the immigration office January 2025

Applied for Passport after getting duldung 60a and gave it to the immigration office February 2025.