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Citizenship
Immigration Law
Insights
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MA 35 is not deciding? We put on the pressure.
If your application for a residence permit or for citizenship has been pending for months: these routes lead to a decision, and this is how you find out whether speed makes sense in your case.
What are you waiting for?
Waiting time
Can you already file a complaint about inaction?
Enter the date on which MA 35 or the district authority (Bezirkshauptmannschaft) received your application.
The relevant date is the one on the confirmation of receipt.
For guidance only. This is not legal advice. Whether documents submitted later affect the start of the period is something we check case by case.
In short
- As a rule, the authority must decide within six months.
- A call from a lawyer or a personal visit to the authority often helps on its own.
- After that: a complaint about inaction (Säumnisbeschwerde); at the administrative court, an application for a deadline (Fristsetzungsantrag).
- A fast decision is not always a good one. Have your case checked first.
Long waiting times
Six months is the limit
As a rule, the settlement authority (Niederlassungsbehörde) must decide within six monthsDeadline: six monthsThe authority's time limit for a decision, counted from receipt of the application (§ 73 AVG). After that, a complaint about inaction is possible (§ 8 VwGVG).. In practice, many people wait much longer, at MA 35 in Vienna sometimes more than a year. This applies equally to first applications, renewals and citizenship proceedings.
Are you waiting for a decision from the Federal Office for Immigration and Asylum (BFA)? Asylum procedure taking too long →
At the authority
Four routes to a decision
1
A call or e-mail from a lawyer to the official in charge of your case. This is often enough to get things moving.
2
A personal visit by a lawyer to MA 35 or the district authority (Bezirkshauptmannschaft).
3
Complaint about inaction (Säumnisbeschwerde)Complaint about inactionA complaint to the administrative court if the authority has not decided within six months (§ 8 VwGVG). It is filed with the authority, which then has three more months (§ 16 VwGVG).Legal text in RIS (in German) → to the administrative court once six months have passed. The authority then has three monthsDeadline: three monthsFor this long after receiving the complaint about inaction, the authority can still issue the notice (Bescheid) itself (§ 16 VwGVG). to issue the notice after all. If it does not, the administrative court decides itself.
4
Application for a deadline (Fristsetzungsantrag)§ 38 VwGGAn application to the Supreme Administrative Court (VwGH) if the administrative court has not decided within six months (§ 38 VwGG). The VwGH then orders the court to decide within three months.Legal text in RIS (in German) →, if the administrative court itself does not decide for more than six months. The Supreme Administrative Court then sets the court a deadline.
At the court
When the appeal is left lying
Even after a negative notice and an appeal (Beschwerde), things can take a long time: until the summons, until the hearing, until the court ruling (Erkenntnis). After six months without a decision from the administrative court, an application for a deadline is possible.
Questions we get asked
Long waiting times: short answers
How long may MA 35 take for my application?
As a rule, no more than six months from receipt of the complete application (§ 73 AVG). After that, you can file a complaint about inaction.
May I stay in Austria while I wait?
If you applied for renewal in time, yes, until the final decision (§ 24 Abs 1 NAG). With a first application, you must as a rule wait for the decision abroad.
Can I travel abroad while my renewal is pending?
With an expired card, re-entry is difficult. For this there is the emergency visa (Notvignette), a visa for a trip with re-entry.
Will MA 35 react negatively if I file a complaint about inaction?
The complaint about inaction is a legal remedy provided by law against the authority's inaction, not against your application. However, the decision is based on the facts and the law: if a requirement is still missing, a forced decision can be negative. That is why we check your case before we file the complaint.
I submitted the application myself. Can you still file the complaint about inaction?
Yes. It does not matter whether you submitted the application yourself, through an Austrian embassy or consulate, or with a representative. We need your application and the dated confirmation of receipt.
Strategy
Not every case benefits from speed
Strong case: you meet all requirements and have submitted all documents. Then it is worth putting on pressure.
Weak case: your situation has changed, for example because your income has stopped or you lack the required academic progress. Then a fast decision may be a negative one. In this case we first clarify what can be improved.
Next step
Initial consultation at a flat fee
We check whether your case is strong enough and choose the right route: a call, a personal visit, a complaint about inaction or an application for a deadline.
How we work
Three steps, from the first conversation to the decision.
Initial consultation
At a flat fee. We listen, review your documents and tell you honestly where you stand.
A clear assessment
You know exactly what is realistic, what it costs and what happens next, in writing.
We get to work
We file applications, monitor deadlines and keep you updated by e-mail, phone or WhatsApp, in your language.
Team
The people behind your case.
Mag. Igor Matejuk, BEd
Mag. Adrian Zitter
Looking for the whole team? Meet everyone →
Contact
How to reach us.
Unsere Erfolge
Aktuelles aus der Praxis.
1010 Vienna (Stephansplatz)