Beantragen einer Aufenthaltserlaubnis für Opfer einer Straftat nach den §§ 232 bis 233a StGB

Issuance of a residence permit to testify in criminal proceedings for trafficking in human beings

You have been the 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, through your presence, you can help to clarify the facts of the crime.

They are no longer allowed to maintain contact with the persons accused of having committed the trafficking offence in the criminal proceedings.

You must declare your willingness to testify in the criminal proceedings for trafficking in human beings. It is not sufficient to invoke a right to refuse to testify or 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 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 provision 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 reasons of international law or humanitarian law or to safeguard the political interests of the Federal Republic of Germany. The family members must themselves 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 permitted by the Foreigners' Registration Office.

You can only be admitted to an integration course if there are available course places.

• Application
• current biometric photo

• Victim of a criminal offence under §§ 232, 233 or 233a StGB
• temporary stay only
• 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 offence
• Severing any contact with persons accused of having committed the crime
• Declaration of willingness to testify in criminal proceedings for the offence
• No impairment or endangerment of the interests of the Federal Republic of Germany
• No deportation order
• No interest in expulsion pursuant to § 54 (1) no. 2 or 4 AufenthG

Fee for issuing a residence permit: 100 euros

For minors: 50 euros

Exemption from fees for social benefits

As a rule, you must apply for a residence permit in person. T he immigration authority or the prosecution authority will inform you about the possibility of granting a stay)

Make an appointment with the locally responsible immigration authority. You can also find out about the application process on the respective website of the Ausländerbörde and which documents you have to submit in which form.

During your appointment, your fingerprints will be taken.

If your application is approved, the Foreigners' Registration Office will instruct Bundesdruckerei to produce the electronic residence permit. The residence permit takes the form of a credit card with additional electronic functions.

With regard to the duration of the procedure until the residence permit is issued, please contact the competent immigration authority.

As a rule, you will be informed by the competent immigration authority of the duration of the procedure (about 6 to 8 weeks) when applying for a residence permit.

Note: The residence permit is issued as an electronic residence title.

The residence permit is issued to you for one year. In justified cases, a residence permit may also be issued for more than one year.

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.

• A foreigner has been the victim of a criminal offence under §§ 232, 233 or § 233a of the Criminal Code (StGB) (human trafficking)
• Presence in the Federal territory must be considered appropriate for the conduct of criminal proceedings
• Residence permit for temporary stay
• No connection to the accused
• Willingness to testify
• In principle, legal entitlement to the issuance of a residence permit

Legal consequences of issuing a residence permit:

• Entitlement to social benefits
• Family reunification possible
• Employment only permitted with the permission of the Foreigners' Registration Office
• No entitlement to an integration course, admission to the integration course only within the framework of available course places
• Personal attendance required: yes

Responsible: Your locally competent immigration authority

Locally competent immigration authority of your independent city or district

Obtain from your local immigration authority

Online procedure possible: no

Personal attendance required: yes