Applying for a residence permit for victims of a criminal offence under Sections 232 to 233a of the German Criminal Code (StGB)
Service description
They have been victims of one of the offences relating to human trafficking for the purpose of sexual exploitation (Section 232 of the German Criminal Code), human trafficking for the purpose of labour exploitation (Section 233 of the German Criminal Code (StGB)) or the facilitation of human trafficking (Section 233a of the German Criminal Code (StGB)).
The Public Prosecutor’s Office or the criminal court considers your temporary presence to be appropriate for the conduct of the criminal proceedings. This is the case if your presence can help to clarify the facts of the offence.
You must no longer have any contact with the individuals who are accused in the criminal proceedings of having committed the offence of human trafficking.
You must state your willingness to give evidence as a witness in the criminal proceedings relating to human trafficking. Simply invoking your right to refuse to give evidence or provide information is not sufficient.
You will not be granted a residence permit if it is foreseeable that your stay is intended to be of a permanent nature.
Your stay must not, for any other reason, prejudice or jeopardise the interests of the Federal Republic of Germany.
In principle, you are entitled to be granted a residence permit.
You remain entitled to benefits under SGB II (basic income support for jobseekers), basic income support in old age or in the event of reduced earning capacity, and 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 can only be admitted to an integration course subject to places being available.
Procedure
You will usually need to apply for a residence permit in person. The Foreigners’ Registration Office or the law enforcement authorities will inform you of the possibility of being granted a residence permit.
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.
Your fingerprints will be taken during your appointment.
If your application is approved, the Foreigners’ Registration Office will instruct the Federal Printing Office to produce the electronic residence permit. The residence permit takes the form of a debit card with additional electronic functions.
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
- Victims of an offence under sections 232, 233 or 233a of the German Criminal Code (StGB)
- only a temporary stay
- the Public Prosecutor’s Office or the criminal court has deemed the person’s temporary presence on German territory to be appropriate for the purposes of criminal proceedings relating to this offence
- Cutting off all contact with persons accused of having committed the offence
- Declaration of willingness to give evidence as a witness in the criminal proceedings relating to the offence
- 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?
- Application
- current biometric photo
What fees are incurred?
Fee for issuing a residence permit: 100 euros
For minors: 50 euros
Exemption from charges for recipients of social security benefits
What deadlines do I have to observe?
The residence permit will be issued to you for one year. In justified cases, a residence permit may also be issued for longer than one year.
Processing time
When you apply for a residence permit, the relevant immigration authority will usually inform you of the duration of the procedure (approximately 6 to 8 weeks).
Note: The residence permit is issued as an electronic residence permit.
Legal basis
Section 4a of the Residence Act
Section 5(1)(3) of the Residence Act
Section 25(4a), first sentence, of the Residence Act (AufenthG)
Section 29(3) of the Residence Act
§ Section 44 Residence Act
Section 44a of the Residence Act
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
Obtain this from your local immigration office
Online procedure possible: no
Personal appearance required: yes
What else should I know?
Legal residence is not a prerequisite for the granting of a residence permit. You may also be subject to an enforceable obligation to leave the country.
Author
Forwarding service: Deep link to the original portal- Applying for a residence permit for victims of a criminal offence under Sections 232 to 233a of the German Criminal Code (StGB) in Saxony-Anhalt
Display of performance in the source portal
- Applying for a residence permit for victims of a criminal offence under Sections 232 to 233a of the German Criminal Code (StGB) in Saxony-Anhalt