Long waiting periods in residence proceedings. What now?
Long waiting periods in residence proceedings.
What now?
What now?
You have been waiting for a decision from the MA35/district authorityfor months?
You have submitted an application and nothing has happened for more than a year?
You have received a negative decision from the authority more than a year ago, lodged an appeal, and still there is no invitation?
You have renewed your residence permit and up till this day do not have a decision?
You have already had a hearing at the Administrative Court (AC) and are awaiting a decision for more than several monthgs?
You ask yourself, " What can I do now?"
If a proceeding is extended and there no decision in sight, a lawyer can help. At our consultation we can present you with different options, i.e., complaint, and together a solution can be found.
REPORT
Even though residence proceedings are generally concluded faster than asylum proceedings, there are often still long waiting periods.
A short time ago a client came to us who had submitted an application for a residence permit in 2017.
Nothing has happened since then, despite a waiting period of more two years.
A lawyer accelerates the proceeding!
There are several ways to get an answer:
• Legal call / email
We recently had a client with us who had been waiting for his residence permit for more than eight months. After a short call to the responsible clerk, he received an invitation to pick up his residence permit after two weeks.
• Personal visit with the MA35/district authority
Some time ago, an employee of the law firm had to go to the MA35 for an interview and used the opportunity before the interview, to speak to an officer about an early interview for another client. The officer was very friendly and sent the client an invitation a short time later.
• Complaint due to delay
If you have been waiting for a decision from the MA35/districht authority for more than six months since you have applied for a residence cared, you can file a complaint due to delay (Säumnisbeschwerde) to the Administrative Court/Regional Administrative Court(AC)/(RAC). This gives the MA35/district authority a limit of three months to make a decision.
One day a client came, who had been waiting for a decision from the MA35 for more than a year since he applied for the residence permit. We filed a complaint due to delay and then two weeks later a decision came.
• Application for setting a deadline
If you have been waiting for a decision by the AC or RAC for more than six months since the appeal was lodged, you can file a application for setting a deadline to the AC/RAC. This gives AC/RAC a limit of three months to make a decision.
One day a client, who had been waiting for a decision for more than a year since the appeal was made, came. We applied for setting a deadline and a decision came after three months.
It doesn't always make sense to get a
Before you take specific steps, contact a lawyer. It doesn't always make sense to receive a prompt decision as there are strong and weak cases.
The lawyer should first inform you about your situation and chances.
Weak and strong cases - different strategies necessary!
Strong case:
A strong case exists when you meet all the requirements and have already submitted all the necessary documents.
Example:
Mr. O. marries a Czech citizen working in Austria. Even though he submitted all the documents including her pay slips, no decision has come.
Weak case:
A weak case exists when your personal situation has changed and you do not meet the requirements for the residence permit.
Examples:
Mr. M. has a student residence permit, which he renewed in January 2019. For more than one year he has not passed an exam, received no credits, and therefore did not demonstrate academic success. The prospects of getting the residence permit renewed are slim.
Mr. O. has been married to an Austrian citizen for more several yeras. Since her residence permit was renewed in February 2019, neither she nor her husband have had work, but are receiving social benefits. The prospects for getting her residence permit renewed are not good.
Our recommendation: Schedule a consultation
What are my next steps?
1. Contact a lawyer and schedule an appointment.
2. Receive cousel and determine if you have a strong or weak case.
a. Regarding strong cases:
i. Hire the lawyer to contact the responsible residence authority.
ii. Hire the lawyer to file a complaint due to delay or application for a setting a deadline.
b. Regarding weak cases:
i. Integration, Integration! Learn the German language, become a member of NGOs, organizations, look for work (also voluntary), form friendships with Austrians, do not become criminally active. This is the best prepartion until a decision comes.
Schedule a consulation with the lawyer
In short, a lawyer can help to expedite the proceeding and deliver results even in a few weeks. That however is not always the right decision.
Call me at 0650 7283562 or write me at office@anwaltklammer.com
to schedule an appointment for EURO 150. At the appointment we can inform you about what the best approach in your case should be.
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