responsibility finder
Schleswig-Holstein

Application for a residence permit for victims of a criminal offence under §§ 232 to 233a StGB

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

You have become a victim of one of the criminal offences of trafficking in human beings for the purpose of sexual exploitation (Section 232 of the Criminal Code), trafficking in human beings for the purpose of labour exploitation (Section 233 of the Criminal Code) or promoting trafficking in human beings (Section 233a of the Criminal Code).

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 persons accused in the criminal proceedings of having committed the trafficking offence.

You must declare your willingness to testify as a witness in the criminal trafficking case. 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 is intended to be permanent.

Your residence must not impair or endanger the interests of the Federal Republic of Germany for any other reason.

In principle, you have a claim to the issue of a residence permit.

You are also entitled to benefits in accordance with SGB II (Basic Social Security for Job Seekers). (basic income support for job-seekers) 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 protect the political interests of the Federal Republic of Germany. The family members must themselves fulfil the requirements 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 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. Dhe foreigners authority or the law enforcement agency will inform you about the possibility of a residence permit).

Arrange an appointment for an interview with your local Foreigners' Registration Office. You can also find information about the application procedure and which documents you have 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. The residence permit is in the form of a cheque card with additional electronic functions.

For information on the duration of the procedure until the residence permit is issued, please contact the relevant Foreigners' Registration Office.

Who should I contact?

Locally competent foreigners authority

Competent authority

Locally responsible foreigners authority of your independent town or district

Requirements
  • Victim of an offence according to §§ 232, 233 or 233a of the Criminal Code
  • 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 for this offence
  • severance of any connection with persons accused of having committed the offence
  • Declaration of willingness to testify as a witness in the criminal proceedings concerning the offence
  • 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 AufenthG
Which documents are required?
  • Application
  • Current biometric photo
What are the fees?

Fee for the issuance of the residence permit: 100 Euro

For minors: 50 Euro

Exemption from fees when receiving social benefits

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.

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 Aliens' Registration Office.

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

Legal basis

Section 4a Residence Act

§ 5 para. 1 no. 3 AufenthG

§ 25 para. 4a sentence 1 AufenthG

§ 29 par. 3 AufenthG

Section 44 Residence Act

Section 44a Residence Act

§ 54 par. 1 no. 2, no. 4 AufenthG

Section 53 Residence Ordinance

Applications / forms

You will receive the following from your local immigration office

Online procedure possible: no

Personal appearance required: yes

What else should I know?

A 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

Saxon State Ministry of the Interior

Professionally released on

29.10.2020

Process flow

As a rule, you must apply for the residence permit in person. Dhe foreigners authority or the law enforcement agency will inform you about the possibility of a residence permit).

Arrange an appointment for an interview with your local Foreigners' Registration Office. You can also find information about the application procedure and which documents you have 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. The residence permit is in the form of a cheque card with additional electronic functions.

For information on the duration of the procedure until the residence permit is issued, please contact the relevant Foreigners' Registration Office.

Who should I contact?

Locally competent foreigners authority

Competent authority

Locally responsible foreigners authority of your independent town or district

Requirements

  • Victim of an offence according to §§ 232, 233 or 233a of the Criminal Code
  • 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 for this offence
  • severance of any connection with persons accused of having committed the offence
  • Declaration of willingness to testify as a witness in the criminal proceedings concerning the offence
  • 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 AufenthG

Which documents are required?

  • Application
  • Current biometric photo

What are the fees?

Fee for the issuance of the residence permit: 100 Euro

For minors: 50 Euro

Exemption from fees when receiving social benefits

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.

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 Aliens' Registration Office.

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

Legal basis

Section 4a Residence Act

§ 5 para. 1 no. 3 AufenthG

§ 25 para. 4a sentence 1 AufenthG

§ 29 par. 3 AufenthG

Section 44 Residence Act

Section 44a Residence Act

§ 54 par. 1 no. 2, no. 4 AufenthG

Section 53 Residence Ordinance

Applications / forms

You will receive the following from your local immigration office

Online procedure possible: no

Personal appearance required: yes

What else should I know?

A 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

Saxon State Ministry of the Interior

Professionally released on

29.10.2020

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