Even though the Municipal Department 35 (MA 35), the competent immigration and citizenship authority in Vienna, has hired new staff in recent months and is trying to improve its service, in many cases it still takes months, if not years, for applications for residence permits or for the granting of Austrian citizenship to be approved. As an applicant, are you at the mercy of the authorities and their employees? The clear answer is no. In this article, you can find out what legal options are available to you to defend yourself in the event of protracted procedures.
The authority’s (MA 35) duty to decide
Depending on the type of residence permit or Austrian citizenship applied for, the authority is obliged to make a decision within 8 weeks (Red-White-Red Card) or at the latest after six months (e.g. residence title as a family member or granting of Austrian citizenship). If it fails to do so, the applicant has the right to a default appeal to the competent administrative court. If the administrative court still does not act after a further 6 months, an application to set a deadline can be made to the Supreme Administrative Court.
However, there are also other informal ways to speed up the procedure. For example, it can sometimes be enough for a lawyer to call the MA 35 or send an e-mail to the person responsible and draw their attention to the unfinished file. If this does not help either, there is the possibility of a personal visit by the lawyer to the authority.
Official liability
In any case, it helps to make sure that the person in charge does not deliberately postpone or even obstruct the processing of an application. This can have disciplinary consequences for the persons concerned and may also entitle the applicant to bring an official liability claim.
If your application is not processed by the MA 35 or another immigration authority in Austria, or if you have been treated unfairly or inappropriately by your responsible case officer, book an initial consultation to discuss the next steps together.
