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One poster has suggested about whether to initiate a Säumnisbeschwerde for more than 6 months delay. This thread is intended to handle the discussion about such a proceeding.
Hi Michael. As you have pointed out, MA-35 must within six months after receipt of the application make a decision on a matter. If they do not do that, as in my case, a Säumnisbeschwerde (Default Complaint) can be filed. Has anyone filed a Säumnisbeschwerde with MA-35? Any advice on how to go about that?
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https://www.anwaltklammer.com/lange-wartezeiten-im-niederlassungsverfahren has a lot of good advice. Before going down this road, I would first ensure that you get a Rechtschutzversicherung.
Our general advice from the BMI relating to appeals was also to contact the authority – rather than by e-mail or phone, use a registered letter and also ensure you write in German (Amtssprache is after all German).
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https://www.britishinaustria.net/art-50-euv-card-appeals/ – contains information that is also useful for initiating a Säumnisbeschwerde.
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https://www.britishinaustria.net/forum/topic/still-no-euv-card-and-visited-ma35-in-january-2021/#post-4834 contains the user’s experience about the Säumnisbeschwerde
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