Applying for an extension of a residence permit for victims of crime
Service description
You hold a residence permit for victims of a criminal offence under Sections 232 to 233a of the German Criminal Code (StGB) (human trafficking). In that case, the Immigration Authority shall extend your residence permit for a further two years if humanitarian or personal reasons, or the public interest, require your continued presence in Germany.
Humanitarian grounds may apply, for example, if you no longer have a means of subsistence in your country of origin or if, as a result of your involvement in criminal proceedings, you face the prospect of disadvantage, exclusion or reprisals.
In principle, you are entitled to be granted a residence permit.
You remain entitled to benefits under SGB II (basic income support for jobseekers) or basic income support in old age or in the event of reduced earning capacity, as well as child benefit.
Family reunification for your spouse and minor child (the so-called ‘nuclear family’) is only possible on grounds of international law or for humanitarian reasons, or to safeguard the political interests of the Federal Republic of Germany. The family members themselves must meet the requirements for admission from abroad on grounds of international law or for humanitarian reasons,
You are not permitted to take up gainful employment. This may only be authorised by the Immigration Authority.
You are required to take part in an integration course if you do not have a basic knowledge of German.
Procedure
As a rule, you must apply in person to your local immigration office to extend your residence permit – well in advance of its expiry date.
Arrange an appointment with your local immigration office. You can also find out about the application process and which documents you need to submit and in what form on the relevant immigration authority website.
If you have submitted an application for an extension in good time (before your residence permit expires), your current stay is deemed to be authorised until the Immigration Authority has reached a decision.
If your application is approved, the Foreigners’ Registration Office will instruct the Federal Printing Office to issue the electronic residence permit (eAT) with a new expiry date
For information on how long the procedure takes until the residence permit is issued, please contact the relevant immigration authority.
Who should I contact?
Contact the foreigners authority.
Prerequisites
- Existence of an application for an extension
- Termination of criminal proceedings
- Humanitarian or personal reasons, or the public interest, must justify the person’s continued presence in Germany.
- There must be no grounds for refusal, for example
- no detriment to or threat to the interests of the Federal Republic of Germany
- no deportation order
- no grounds for expulsion under Section 54(1)(2) or (4) of the Residence Act
Which documents are required?
- current biometric photo
- previous residence permit
What fees are incurred?
A fee of 96 euros is payable for the extension of a residence permit for up to 3 months (48 euros for minors).
A fee of 93 euros is payable for the renewal of a residence permit valid for more than 3 months (46.50 euros for minors).
Exemption from charges for recipients of social security benefits.
What deadlines do I have to observe?
The residence permit is extended for two years. In justified individual cases, a longer period of validity may also be granted.
Processing time
When you apply for an extension, the relevant immigration authority will usually inform you of the duration of the procedure (approximately 6 to 8 weeks).
Please note: The residence permit is issued as an electronic residence permit
Legal basis
Section 8(1) in conjunction with Section 25(4a) of the Residence Act (AufenthG)
Section 4a of the Residence Act
Section 5(1)(3) of the Residence Act
Section 25(4a), first and third sentences, of the Residence Act (AufenthG)
Section 29(3) of the Residence Act
§ Section 44 Residence Act
Section 44a(1), first sentence, point 1(a) of the Residence Act (AufenthG)
Section 54(1)(2) and (4) of the Residence Act (AufenthG)
Section 53 of the Residence Regulation (AufenthV)
Legal remedy
- Appeal against the decision of the immigration authority within one month of notification.
- Action before the court named in the notice of objection if the objection is not upheld.
Applications / Forms
You can obtain this from your local foreigners authority.
Online procedure possible: no
Personal appearance required: yes