Service Finder
Applying for a residence permit for victims of a crime
Service Description
You are a victim of one of the criminal offenses of human trafficking for the purpose of sexual exploitation (Section 232 of the German Criminal Code (StGB)), trafficking in human beings for the purpose of labor exploitation (Section 233 StGB) or the promotion of human trafficking (Section 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 any contact with the persons accused in the criminal proceedings of having committed the human trafficking offense.
You must declare your willingness to testify as a witness in the criminal proceedings for human trafficking. It is not sufficient to invoke a right to testify or a right to refuse to provide information.
You will not be granted a residence permit if it is foreseeable that your stay will be permanent.
Your stay must not impair or jeopardize the interests of the Federal Republic of Germany for any other reason.
You are generally entitled to a residence permit.
You are also entitled to benefits in accordance with the Second Social Security Code (SGB II) (basic income support for jobseekers) or basic income support in old age or in the event of reduced earning capacity, child benefit.
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 safeguard the political interests of the Federal Republic of Germany. The family members themselves must meet the requirements for admission from abroad for reasons of international law or humanitarian reasons.
Gainful employment is not permitted. This can only be permitted by the immigration authorities.
You can only be admitted to an integration course if there are places available.
Process flow
As a rule, you must apply for a residence permit in person. The foreigners authority or the criminal prosecution authority 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 process and which documents you need to submit and in what form on the website of the immigration authority.
Your fingerprints will be taken during your appointment.
If your application is approved, the foreigners authority will commission the Federal Printing Office to produce the electronic residence permit (eAT). The residence permit is in the form of a check card.
For information on the duration of the procedure until the residence permit is issued, please contact the relevant immigration authority.
Who should I contact?
The foreigners authority responsible for the applicant's place of residence.
Competent authority
The foreigners authority responsible for the applicant's place of residence.
Requirements
- Victim of a criminal offense according to §§ 232, 233 or 233a Criminal Code (StGB)
- only temporary stay
- temporary presence in the federal territory has been deemed appropriate by the public prosecutor's office or the criminal court for criminal proceedings relating to this offense
- severance of any connection with persons accused of having committed the offense
- Declaration of willingness to testify as a witness in the criminal proceedings for the 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 form
- 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 a residence permit
Fee: 50,00 EURPayment in advance: noFee for the issue of a residence permit for minors
What deadlines do I have to pay attention to?
The residence permit is issued for one year. In justified cases, a residence permit can also be issued for longer than one year.
Period of appeal: 1 year
Processing duration
When applying for a residence permit, you will usually be informed of the duration of the procedure by the responsible immigration authority (approx. 6 to 8 weeks).
Note: The residence permit is issued as an electronic residence permit.
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
The decision of the immigration authority can be appealed to the court named in the decision.
Appeal
You will receive this from your local foreigners authority
Online procedure occasionally possible
Personal appearance required: yes
What else should I know?
Legal residence is not required for a residence permit to be issued. You may also be required 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)