Wie lange habe ich Zeit für eine Beschwerde gegen einen negativen Bescheid?

Vier Wochen ab Zustellung (§ 7 Abs 4 VwGVG). Wurde der Bescheid hinterlegt, beginnt die Frist mit dem ersten Tag der Abholfrist.

Wo bringe ich die Beschwerde ein?

Bei der Behörde, die den Bescheid erlassen hat, in Wien also bei der MA35. Entscheiden wird das Verwaltungsgericht.

Kann ich im Beschwerdeverfahren noch Unterlagen nachreichen?

Ja. Das Verwaltungsgericht entscheidet nach der Sach- und Rechtslage zum Zeitpunkt seiner Entscheidung. Neue Nachweise, etwa zum Einkommen, können deshalb entscheidend sein.

Appeal of a Decision: Citizenship Denied

In short

In the event of a negative decision: File an appeal within four weeks of service.
The appeal is filed with the agency; the Administrative Court will decide.
Against the Administrative Court’s decision: an appeal to the Supreme Administrative Court (VwGH) or a complaint to the Constitutional Court (VfGH) within six weeks.
Anyone who misses the deadline loses the right to appeal.

Appeals

Appeal against a negative decision

If the authority rejects your application, you will receive a written decision stating the reasons and You may file an appeal against this decision. The appeal is no longer decided by the authority but by an independent administrative court—in Vienna, the Vienna Administrative Court.

Please note

Four weeks from the date of service

4 weeks

Appeal period begins upon service of the decision. The appeal must be filed with the authority that issued the decision.

6 weeks

Deadline for filing an appeal Or an appeal to the Constitutional Court against the decision of the Administrative Court.

The date of is decisive not the date on the decision itself. Anyone who misses the deadline loses the right to appeal. Please bring the decision to us immediately.

Common Reasons for Rejection

Why Applications Fail

Income calculated incorrectly or estimated too low
Interruption in the period of residence, such as due to stays abroad
Administrative offenses or criminal proceedings
Missing or late documents
Doubts about the applicant’s attitude toward the Republic

All requirements →

What we do

Appeal with a chance of success

Review the decision and case file: Is the reasoning correct?
Point out errors in the calculation and assessment of evidence
Submit any missing evidence
Draft and file the appeal
Represent you at the oral hearing

Frequently Asked Questions

Appeal Against a Decision: Quick Answers

How long do I have to file an appeal against a negative decision?

Four weeks from the date of service (Section 7(4) of the Administrative Court Act [VwGVG]). If the decision was deposited, the deadline begins on the first day of the pickup period.

Where do I file the appeal?

With the agency that issued the decision—in Vienna, that’s MA35. The Administrative Court will rule on the appeal.

Can I submit additional documents during the appeal process?

Yes. The Administrative Court bases its decision on the facts and legal situation as of the date of its ruling. New evidence, such as proof of income, can therefore be decisive.

After the Administrative Court

Supreme Courts

Even the Administrative Court can make mistakes. Under certain circumstances, an appeal to the Supreme Administrative Court or a complaint to the Constitutional Court may be filed against its decision, in each case within six weeks.

From Practice

It’s Worth It

We have repeatedly succeeded in court in having an incorrect income calculation corrected, resulting in our clients ultimately being granted citizenship.

Cases Decided →

Next Step

Send the decision

Send us the decision notice with the date of delivery. We’ll let you know quickly whether an appeal has a chance of success and by when it must be filed.

Schedule an initial consultation →