Citizenship
Fight a refusal
We assess the grounds for an intended or issued refusal and the applicable deadlines. We represent you before the authority and, where necessary, in court, using relevant evidence and legal arguments.
How we challenge a refusal
We review the letter and your deadlines
First, we establish whether you have received an invitation to respond, a refusal decision or a court decision. We examine the reasons given and the deadlines relevant to a response.
For this, we need the complete letter, all attachments and details of when and how you received it. A deadline to respond to an intended refusal concerns a different step from a deadline for an administrative objection or court action. We establish what response is needed now and agree the scope of our engagement with you.
We assess and address the reasons for refusal
We work through the authority’s reasoning point by point: which facts does it rely on, which documents has it considered, and which legal requirement does it regard as unmet? This determines whether we need to correct a factual account, supply further evidence or challenge a legal assessment.
Missing or ambiguous evidence, an income calculation or the assessment of your employment and family circumstances may call for different responses and documents. For financial objections, for example, we examine current income, the needs assumed in the calculation and the employment history. In family applications, we also assess each applicant’s position; the reasoning concerning one parent cannot be applied to every family member without further assessment.
We respond to the proposed refusal on your behalf
If you have been invited to respond, we prepare a reasoned submission aimed at preventing the intended refusal. Together with you, we assemble evidence that addresses the specific objections. We explain employment, income, childcare or caring responsibilities in their actual context.
The response connects the specific circumstances of your case with the legal assessment. We submit it within the scope of the agreed engagement and handle further correspondence.
We discuss the appropriate remedy with you
If the application has already been refused, we examine which remedy is available against the decision and whether action has prospects of success. Depending on the procedure, an administrative objection or an action before the administrative court may be appropriate.
Before you instruct us, we discuss the possible approach, costs and risks. Once you have decided, we prepare the agreed remedy, set out the reasons and submit it.
We also represent you in ongoing court proceedings
Filing the action is not the end of challenging a refusal. We respond to the authority’s submissions, address points raised by the court and add new evidence. If your income or family circumstances change in the meantime, we assess the implications for the proceedings. If an oral hearing takes place, we prepare you and represent you in court.
If a refusal is issued during an ongoing action for failure to act, we assess how to incorporate the decision into the proceedings. After a judgment, we also consider further options, such as an application for permission to appeal and subsequent appeal proceedings.
We discuss prospects, costs and alternatives with you
Not every concern can be resolved with another letter. We explain which options make sense in your situation and the consequences of each choice.
This includes attorneys’ fees, court costs and, where applicable, legal aid. If continuing does not appear worthwhile, we also discuss alternatives such as withdrawal or a fresh application at a later date.
Questions about a refusal
How do we support you before and after a refusal?
Before a formal decision, the aim is to persuade the authority to reconsider its position. After a refusal, we pursue your citizenship claim through the appropriate legal remedy. If court proceedings are already underway, the new decision must also be addressed.
In a letter inviting your response, the authority sets out its concerns and gives you an opportunity to comment. An intended refusal is not yet a formal refusal decision. We use this opportunity to address each proposed ground for refusal. This means explaining which assumption a new document challenges or which missing fact it establishes, as well as submitting the document itself.
For a family in Reutlingen, for example, we contrasted the earlier period of vocational training and benefit receipt with subsequent sustained employment. Using current income records, a calculation of the family’s needs and an account of caring responsibilities, we explained why the present situation warranted a fresh assessment.
When a formal decision has been issued, we examine the available remedy and the deadline. If an action seeking an order to grant citizenship is appropriate, we pursue the citizenship application in court. Whether an administrative objection is required first, or an existing court action can be amended, depends on the particular proceedings.
Our aim is to enforce your claim to citizenship. We therefore also assess the other eligibility requirements and any recent changes in your circumstances. Before you instruct us, we explain the prospects of success, costs and risks. Whether the refusal can be overcome depends on the individual case.
In the Berlin case, we amended the pending action for failure to act after the refusal. We asked the court to set aside the decision and order the authority to grant citizenship, challenged the income calculation and later submitted current payslips and the approved child supplement. We also presented a separate legal argument for the child’s citizenship.
Learn more about naturalisation
Explore the requirements, documents and process – and how we can support your citizenship application.
Szypulka Rechtsanwälte
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