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Citizenship
Immigration Law
Insights
Is the authority not deciding?
If the citizenship authority (MA 35 in Vienna) or another authority has not decided on your application after six months, you can file a complaint about inaction (Säumnisbeschwerde). Often the decision (Bescheid) then follows within a few weeks.
How long have you been waiting?
Waiting time
Can you already file a complaint about inaction?
Enter the date on which the authority 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.
Completely free of charge for you
The complaint about inaction (Säumnisbeschwerde) is handled through litigation funding from FAIR AUSTRIA. For you there are no costs and no risk. We even advance the €50 complaint fee for you.
In short
- The authority must decide no later than six months after it receives the application.
- After that, you can file a complaint about inaction (Säumnisbeschwerde) with the administrative court.
- The authority then still has three months to issue the decision (Bescheid) itself.
- A forced decision is not always a positive one. Have your case checked first.
Duty to decide§ 73 AVGAuthorities must decide on applications without unnecessary delay and no later than six months after receipt (§ 73 Abs 1 AVG).Legal text in the RIS (in German) →
Six months is the limit
Authorities must decide on applications without unnecessary delay, and no later than after six monthsPeriod: 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).. If the authority does not keep to this, it breaches its duty to decide. You then have legal means to speed up the proceedings, at the MA 35 as well as at the Federal Office for Immigration and Asylum (BFA) or the tax office.
Your options
Three ways to a decision
Phone call
A call or an e-mail from a lawyer to the case officer in charge. Quite often, a summons or the results of the taking of evidence follow shortly afterwards.
Complaint about inaction
After six months without a decision: a complaint to the administrative court. The authority then has three monthsPeriod: three monthsFor this long after receiving the complaint about inaction, the authority can still issue the decision itself (§ 16 VwGVG). to issue the overdue decision.
Setting a deadline
The administrative court does not decide on your appeal within six months? With an application for a deadline§ 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 the RIS (in German) →, the court is also given a deadline.
Complaint about inaction
How it works
- We check whether the six months have passed and whether your case is strong enough.
- We file the complaint about inaction with the authority that has failed to decide.
- The authority has three months to issue the decision.
- If it does not, the administrative court decides itself.
Application for a deadline
If the court fails to decide
Administrative courts are also bound by time limits. If there is no decision six months after your appeal (Beschwerde), an application for a deadline can speed up the proceedings. The court is then given a deadline of three months.
Please note
A fast decision is not always a good one
A complaint about inaction forces a decision, but not necessarily a positive one. If you meet all requirements and have submitted all documents, your case is strong. If your circumstances have changed, for example your income, it may be better to strengthen the case first. Have this checked before you put on pressure.
If the application is rejected, you can still file an appeal against the decision (Bescheidbeschwerde).
Questions we get asked
Complaint about inaction: short answers
When can I file a complaint about inaction?
When the authority has not decided within six months. The period starts as soon as the application has been received by the competent office (§ 8 VwGVG).
Where do I file the complaint about inaction?
With the authority that has failed to decide, so in Vienna with the MA 35. It then has up to three months to issue the overdue decision. Otherwise the administrative court decides.
What if the administrative court does not decide either?
After six months, you can file an application for a deadline (Fristsetzungsantrag) with the Supreme Administrative Court (VwGH) (§ 38 VwGG).
Will the 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 filed the application myself. Can you still file the complaint about inaction?
Yes. It does not matter whether you filed the application yourself or with a representative. We need your application and the dated confirmation of receipt.
Next step
Have your case checked
Send us your application and the confirmation of receipt. We tell you whether a complaint about inaction makes sense now.
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How we work
Three steps, from the first conversation to the notice (Bescheid).
Initial consultation
For a flat fee of €180. We listen, go through your documents and tell you honestly where you stand.
Clear assessment
You know exactly what is realistic, what it costs and what happens next, in writing.
We get started
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.
Packages & prices
Flat-fee packages for citizenship.
You know the full cost before you start.
- ✓ Personal consultation with our experts
- ✓ Review of your documents
- ✓ Filing of the application with MA 35, without you needing your own appointment at the authority
- Everything in Basis, plus:
- ✓ Legal representation in the procedure
- ✓ Responses to all letters from the authority
- Everything in Plus, plus:
- ✓ All communication with the authority
- ✓ Regular follow-ups with MA 35 to speed things up
- ✓ Obtaining Austrian documents
- ✓ Appeal against the notice (Bescheidbeschwerde) if rejected
Prices per applicant. If you instruct us, the initial consultation (€180) is deducted from the package price. No hourly rates. All package details →
Unsere Erfolge
Aktuelles aus der Praxis.
1010 Vienna (Stephansplatz)