Residence permit issued for international, humanitarian or political reasons for victims of a crime in accordance with §§ 232 to 233a StGB

You have become a victim of one of the criminal offences of trafficking in human beings for the purpose of sexual exploitation (§ 232 StGB), trafficking in human beings for the purpose of labour exploitation (§ 233 StGB) or 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. They may no longer maintain contacts with the persons accused in the criminal proceedings of having committed the offence of trafficking in human beings. You must declare your willingness to testify as a witness in the criminal proceedings for trafficking in human beings. An appeal to a right to testify or to refuse information is not sufficient. You will not be granted a residence permit if it is foreseeable that your stay is permanent. Your stay must not impair or endanger the interests of the Federal Republic of Germany for any other reason. In principle, you are entitled to a residence permit. You are still entitled to benefits under SGB II (basic security for jobseekers) or basic security in old age or in the event of reduced earning capacity, child benefit. Family reunification for your spouse and the minor child (so-called nuclear family) is only possible for international or humanitarian reasons or to safeguard the political interests of the Federal Republic of Germany. The family members themselves must meet the conditions for admission from abroad on international law or humanitarian grounds, The pursuit of gainful employment is not permitted. It can only be allowed by the Foreigners' Registration Office. You can only be admitted to an integration course within the framework of available course places.

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Get from your local immigration authority Online procedure possible: no Personal appearance required: yes

Preconditions
Victims of a crime according to §§ 232, 233 or 233a StGB temporary stay only Temporary presence in Germany has been considered appropriate for criminal proceedings for this offence by the public prosecutor's office or the criminal court Severing any connection with persons accused of committing the crime Declaration of willingness to testify in criminal proceedings for the offence No interference with or endangerment of the interests of the Federal Republic of Germany No deportation order No interest in expulsion according to § 54 Abs. 1 Nr. 2 or 4 AufenthG

Hints
A legal residence is not required for the issuance of the residence permit. They may also be subject to an enforceable obligation to leave the country.
§ 4a AufenthG § 5 Abs. 1 Nr. 3 AufenthG § 25 sec. 4a sentence 1 AufenthG § 29 Abs. 3 AufenthG § 44 AufenthG § 44a AufenthG § 54 Abs. 1 Nr. 2, Nr. 4 AufenthG § 53 AufenthV

Related Links

As a rule, you must apply for the residence permit in person. T he Foreigners' Registration Office or the Law Enforcement Authority will inform you of the possibility of granting residence) Make an appointment with the local immigration authority. You can also find out on the respective website of the Ausländerbörde about the application process and which documents you have to submit in which form. During your appointment, your fingerprints will be taken. If your application is granted, the Foreigners' Registration Office instructs Bundesdruckerei to produce the electronic residence permit. The residence permit has the form of a credit card with electronic additional functions. With regard to the duration of the procedure until the residence permit is handed over, please contact the competent immigration authority.

Responsible for the content
Saxon State Ministry of the Interior

Last update or date of publication
29.10.2020