Will legal insurance pay for a lawsuit to speed up German citizenship?

Whether you're considering applying for German citizenship or are halfway through the process, you're probably aware of the gruelling wait times. 

Naturalisation can often take as long as two years in big cities like Frankfurt and Munich, with many applicants waiting up to a year just for an initial consultation.

What fewer people are aware of is that these long delays can be grounds for a legal challenge.

In fact, under German law, a reasonable processing time for official documents like citizenship is set at just three months.

After this point, applicants can file a lawsuit known as an 'Untätigkeitsklage' (lawsuit for official inaction) to complain that the authorities are not moving fast enough. This can force the citizenship office to finally start working on your application and result in a quicker decision. 

If you're considering filing an Untätigkeitsklage, you may be wondering if you can use your legal insurance to cover the costs. Sadly, the answer here is no.

While many Rechtschutzversicherung (legal insurance) policies will cover your fees if you decide to sue someone, they tend not to stretch to cases involving citizenship law.

READ ALSO: EXPLAINED - The German insurance that covers you if you get sued

Why doesn't my legal insurance cover citizenship issues?

Generally, immigration and citizenship cases are specifically ruled out in legal insurance policies, largely because they are seen as unpredictable and high-risk to insurers. 

Another reason insurers steer clear of citizenship issues is that they view these issues as personal status issues, rather than legal disputes per se. In addition, citizenship is part of public law and tends to be a largely administrative issue, meaning the courts play a relatively small role in the outcome. 

If all of this sounds a bit nit-picky, it definitely is. But that's probably what you'd expect from a legal insurance company. 

Luckily, some German policies do cover administrative cases - but these are usually ones involving money. For example, if the jobcentre delays paying your benefits or the Finanzamt is late in paying out tax rebates, you may be able to sue using legal insurance.

On the other hand, some types of legal insurance will really only step in if you need to defend yourself in court. 

If in doubt, it's best to simply ask your insurer or skim through the small print on your policy. 

READ ALSO: How much does it really cost to apply for German citizenship?

How much does an Untätigkeitsklage cost?

When filing an administrative lawsuit in Germany, you generally have to consider two costs: the court fees, and your legal costs if you choose to use a lawyer.

As a rule, court fees cost €798, while lawyers will set you back around €200 per hour, but usually offer a flat fee for filing an Untätigkeitsklage. This tends to be anywhere from €1,500 to €3,000.

Unfortunately, there are few ways to fund this other than out of your own pocket, but the good news is that you do stand a good chance of getting these costs reimbursed.

Generally, if you submitted a complete and flawless citizenship application and have waited at least six months for an answer, the courts will mandate a reimbursement of legal fees after they make a decision in your favour.

For more information on lawsuits and whether it's worth filing one, check out our explainer below: 

When to consider legal action for your German citizenship application