Service Finder
Apply for a residence permit for a crime victim
Service Description
You are a victim of one of the criminal offenses of trafficking in human beings for the purpose of sexual exploitation (Section 232 of the Criminal Code (StGB)), trafficking in human beings for the purpose of labor exploitation (§ 233 StGB) or the promotion of human trafficking (§ 233a 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 crime.
You may no longer maintain contact with the persons accused in the criminal proceedings of having committed the trafficking offense.
You must declare your willingness to testify as a witness in the criminal proceedings for human trafficking. Invoking a right to testify or to refuse to provide information is not sufficient.
You will not be granted a residence permit if it is foreseeable that your stay will be permanent.
Your stay must not impair or endanger the interests of the Federal Republic of Germany for any other reason.
In principle, you have a right to be granted a residence permit.
You are still entitled to benefits according to the Second Social Security Code (SGB II) (basic benefits for job-seekers) or basic benefits for old age or reduced earning capacity, child benefits.
Family reunification for your spouse and minor child (so-called nuclear family) is only possible for reasons of international law or humanitarian reasons or to protect the political interests of the Federal Republic of Germany. The family members must themselves meet the requirements for admission from abroad for reasons of international law or humanitarian reasons.
The pursuit of gainful employment is not permitted. It can only be permitted by the foreigners authority.
They can only be admitted to an integration course within the framework of available course places.
Process flow
As a rule, you must apply for the residence permit in person. The aliens' registration office or the law enforcement agency will inform you about the possibility of being granted a residence permit.
Arrange an appointment with the foreigners authority responsible for your place of residence. You can also find out about the application procedure and which documents you need to submit in which form on the respective website of the Aliens' Registration Office.
During your appointment, your fingerprints will be taken.
If your application is approved, the Aliens' Registration Office will commission the Bundesdruckerei to produce the electronic residence permit (eAT). The residence permit is in the form of a check card.
With regard to the duration of the procedure until the residence permit is issued, please inform yourself at the responsible Foreigners' Registration Office.
Who should I contact?
The immigration authority responsible for the applicant's place of residence.
Competent authority
The immigration authority responsible for the applicant's place of residence.
Requirements
- Victim of an offense under §§ 232, 233 or 233a of the German Criminal Code (StGB)
- only temporary stay
- temporary presence in the territory of the Federal Republic of Germany has been deemed appropriate for criminal proceedings for this criminal offense by the public prosecutor's office or the criminal court
- severance of any connection with persons accused of having committed the criminal offence
- Declaration of willingness to testify as a witness in the criminal proceedings concerning the criminal offense
- No impairment or endangerment of the interests of the Federal Republic of Germany
- No deportation order
- No interest in deportation according to § 54 para. 1 no. 2 or 4 Residence Act (Residence Act)
Which documents are required?
- Application
- current biometric photo
What are the fees?
Exemption from fees when receiving social benefits
Fee: 100,00 EURPayment in advance: noFee for the issuance of the residence permit
Fee: 50,00 EURPayment in advance: noFee for issuance of residence permit for minors
What deadlines do I have to pay attention to?
The residence permit is issued to you for one year. In justified cases, a residence permit can also be issued for longer than one year.
Action period: 1 year
Processing duration
You will usually be informed of the duration of the procedure (about 6 to 8 weeks) when you apply for a residence permit by the competent foreigners authority.
Note: The residence permit is issued as an electronic residence title.
Legal basis
- § Section 25 (4a) sentence 1 Residence Act (AufenthG)
- § Section 4a Residence Act (AufenthG)
- § Section 5 (1) No. 3 Residence Act (AufenthG)
- § Section 29 (3) Residence Act (AufenthG)
- § Section 44 Residence Act (AufenthG)
- § Section 44a Residence Act (AufenthG)
- § Section 54 (1) No. 2, No. 4 Residence Act (AufenthG)
- § Section 45 Residence Ordinance (AufenthV)
- § Section 50 Residence Ordinance (AufenthV)
- § Section 53 Residence Ordinance (AufenthV)
Applications / forms
An appeal against the decision of the Foreigners' Registration Office may be filed with the court specified in the decision.
Appeal
You will receive the following from your local immigration office
Online procedure occasionally possible
Personal appearance required: yes
What else should I know?
Legal residence is not required for the issuance of a residence permit. You may also be subject to an enforceable obligation to leave the country.
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringian Ministry for Migration, Justice and Consumer Protection (TMMJV)
Professionally released on
17.03.2023
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
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