Who is legally considered a “victim of human trafficking”?
Under German law, a person is considered a victim of trafficking if:
they were transported or recruited for sexual exploitation or modern slavery,
they were forced into work, begging, forced marriage, or organ trafficking,
they were subjected to violence, threats, fraud, or exploitation due to vulnerability, dependency, or poverty.
Victims are not always asylum seekers. They may also be people who entered Germany through legal or irregular routes and whose situation is identified later through the police or support organizations.
What does § 25 Abs. 4a AufenthG provide?
This provision allows a temporary residence permit (Aufenthaltserlaubnis) to be granted if:
the person is a victim of a criminal offense related to human trafficking (§ 232 or § 233 of the German Criminal Code – Strafgesetzbuch),
they cooperate with criminal prosecution authorities as a witness in investigation or trial proceedings,
they have separated from the criminal network and there are no indications of an ongoing connection to the perpetrators,
staying in Germany is necessary for humanitarian reasons or to ensure protection.
Protection and residence phases
1. Reflection period (Bedenkzeit) – 3 months
The victim is given sufficient time to decide whether to cooperate with the police.
Immediate cooperation is not required.
During this period, the person may receive a tolerated stay (Duldung) or permission to remain.
Deportation is not permitted during this period.
2. Residence under § 25 Abs. 4a
After agreeing to cooperate with the authorities:
a temporary residence permit is granted for one year, renewable,
work and vocational training may be permitted after a short time,
family reunification may be possible in certain cases,
the victim may later be able to apply for permanent residence after several years, depending on requirements.
Social protection and support
Victims of trafficking have the right to:
safe accommodation in specialized protection facilities,
psychological and social support through organizations such as SOLWODI and KOK,
interpretation and legal/medical accompaniment,
police protection if there is a threat from criminal networks,
legal follow-up of their case in cooperation with the public prosecutor and, where applicable, a lawyer.
Important notes
The victim does not need to prove political or religious asylum grounds.
The primary goal is protection and humanitarian support, not punishment.
Cooperation with the police is generally essential for obtaining the residence permit, but exceptions may be possible if health or psychological conditions make cooperation impossible.
After the trial: Can the residence permit be extended?
Yes. After the investigation or trial ends, the residence permit can be extended if:
the risk upon return to the country of origin continues,
the victim needs special protection,
the victim shows good integration into German society.
It may also be possible later to switch to other residence titles (such as § 25 Abs. 5 for long-term humanitarian reasons, or even toward permanent residence).
Conclusion
Victims of human trafficking have a special legal position in Germany that recognizes their vulnerability and provides protection and support—even if they are not “classic” asylum applicants.
§ 25 Abs. 4a AufenthG opens the door to a temporary residence permit, provided the victim cooperates with the police and clearly separates from the criminal network.
It is a step toward justice and dignity in a country where human rights are an inseparable part of its constitutional values.
ـ The site’s writers and editors aim to provide accurate information through extensive research and multiple sources. However, errors may occur or some information may be unconfirmed. Please treat the content as initial guidance and always consult the competent authorities for verified information.
