Residence permit for victims of human trafficking
What is this?
A national of a third party country who is the victim of an offence linked to the trafficking of human beings can obtain a residence permit.
When the authorities become aware of such an offence, they grant a victim from a third party country a period of 90 days for reflection, for him or her to decide whether to take action against the instigator(s) of the offence.
During this period, no decision will be made to deport the victim, and he or she receives a certificate allowing him or her to remain in Luxembourg.
If the victim decides to testify against the instigator(s) of the offence, he or she will have the option of receiving a renewable six-month residence permit.
Conditions to be fulfilled
- The causal offence must be an offence as defined by the Luxembourg Criminal Code and the law of 13 March 2009 relating to human trafficking
- The victim must have made a complaint or given a statement to the Luxembourg authorities concerning the persons responsible for the offence.
- The victim must cooperate with the authorities responsible for the investigation
- The presence of the victim in Luxembourg must be necessary for the investigation
- The victim must have broken all connections with the instigators
- The victim must be not be a danger to public order.
Steps to be taken
A residence permit application must be sent to the Ministry of Foreign Affairs on the recommendation of the Ministry and in cooperation with the authorities.
Decision – waiting times – appeals
After a period of three months maximum, the Ministry sends a written response at the request of the person. If the response is positive, a residence permit valid for six months is issued.
The residence permit can be renewed if the conditions from when first granted are still fulfilled. If after three months, the Ministry of Foreign Affairs has not responded to the application, this is equivalent to a negative response and an appeal may be submitted before the Administrative Court.
Miscellaneous – Useful information
The residence permit for victims of human trafficking may be withdrawn if the victim renews his or her relationship with the instigators, if he or she stops cooperating with the authorities or if the legal authorities decide to break off the proceedings.
The residence permit for victims of human trafficking entitles them to protection and assistance measures. The law does not give details of these measures. This permit also allows its holder to practise a salaried activity.
NB: This text is only a summary drawn up by ASTI asbl. Only the text of the law is valid.