Women affected by trafficking who are willing to be witnesses in criminal proceedings against the perpetrators receive a temporary residence permit in Germany. However, this depends not only on their willingness to testify but also on the usefulness of their statement for the police and the state prosecution.

Acknowledged witnesses in trafficking cases are allowed to stay in Germany as long as the prosecution has a need for them. They obtain a residence permit according to section 25, sub-section.4a Residence Act. This special legal instrument has only been in place since August 2007. Since it only applies to trafficked persons, they are literally labelled and identifiable by it. Apart from implications concerning data protection regulations this poses a threat to the women affected, especially when returning to countries where for e.g. prostitution is prohibited. Since the special residence permit for trafficked persons is recorded in their documents, they can expect to be prosecuted on returning to their country of origin.

This status entitles them to the following rights:

• They are granted a residence permit for six months according to section 25, sub-section 4 Residence Act; after 18 months this permit is granted for the period of a year.
• They can be housed in a shelter if they request it.
• They receive benefits according to the German Social Welfare Law for Asylum Seekers (Asylbewerberleistungsgesetz) in order to secure their existence (in addition to costs for rent approx. 200 € a month)
• They are granted medical services. However, anything that goes beyond basic health care, for example psychotherapy, needs to be especially applied for. The social welfare departments can reject these applications without explanation.
• They have a right to their own legal representative, which means to be represented by a lawyer as a joint plaintiff in court. However, this applies only to indictments of grave cases of trafficking in persons. In general, the state pays for the woman's lawyer.
• Theoretically women affected by trafficking in persons have the right to work. But in practice it is very difficult to find a job because, for example, the residence permit is limited to six months.

The women are not allowed to invite their children or other relatives to stay with them or even to visit them in Germany during that period of time. They are also not allowed to start professional education or training. It can take up to three years between the time that a witness makes her first statement to police until the trial against the perpetrators. Not being allowed to see their families during that long period is a heavy burden on the women. It is especially hard because their families may be endangered due to their cooperation with the German authorities. It is also very difficult for the witnesses that they are de facto not allowed to work during that period of time. On the one hand this means that they are condemned to inactivity and on the other that they cannot earn any money. The women continue live under intense financial pressure in this situation. The long waiting period before the trial means they lose important time in which they could be trying to establish a perspective for their future. The women have no right to psychological assistance during this time.

Once the trial is over, if not earlier, the women have to leave Germany immediately. If returning to their country of origin poses a threat to them, they theoretically have the option of receiving a residence permit at the end of the trial. In practice however, even if a woman is endangered, it is very difficult for her to obtain a permanent residence permit for Germany. Since the Immigration Law (Zuwanderungsgesetz) has been in effect, the Federal Office for Migration and Refugees (Bundesamt für Migration und Flüchtlinge) has to be consulted on the matter of residence permits for trafficked persons.