Section 57 AsylG protects certain third-country nationals after violence or human trafficking. Requirements, evidence and the authority process explained.
The residence right for special protection under section 57 AsylG can open an independent protection route for certain third-country nationals in Austria. For victims of human trafficking, the focus is on securing criminal prosecution or pursuing civil-law claims. For victims of violence, the decisive questions are protection from further violence and the statutory interim injunction requirement.
A difficult personal situation alone does not establish this residence right. The concrete protection ground, the person’s status in Austria, the required documents and the complete statutory test must fit together. Human trafficking and violence lead to different procedural questions.
This article deals only with section 57(1)(2) and (3) AsylG. Family reunification, a subsequent asylum application, other humanitarian residence routes and an ordinary renewal under the NAG have separate requirements.
This check separates human trafficking, violence and the evidence required in each route. The result helps organise the documents for the next review.
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Arrange the criminal proceedings or civil-law claim, the individual risk situation and the identity documents in a coherent file. Section 57(1)(2) AsylG is directed at securing prosecution or pursuing a claim connected with the offence and remains separate from an ordinary residence permit.
An application under section 57(1)(2) AsylG is inadmissible under section 57(3) if criminal proceedings have not begun and civil-law claims have not been asserted. Clarify which procedural step exists and how it can be evidenced before relying on this route.
For section 57(1)(3) AsylG, an interim injunction under sections 382b or 382c EO must exist or have been legally possible. Without that classification, section 57(4) AsylG may make the application inadmissible. The violence chronology and the protection measure must therefore be reviewed together.
Arrange the order or documents concerning the interim injunction, a chronology of the violence and the facts showing a risk of further violence. Section 57(1)(3) AsylG requires a credible need for residence protection in the individual case.
A general account rarely makes the legal classification clear. Record events, protection measures, contacts with authorities and the reasons why protection in Austria remains necessary. Inconsistencies between orders, reports and the personal account should be addressed before filing.
Section 57(1)(2) and (3) AsylG cover specific protection situations. Family reunification, a subsequent asylum application and other humanitarian routes have their own requirements. Classify the purpose of the intended residence before choosing the procedure.
Section 57(1) AsylG provides a residence right for special protection for certain third-country nationals staying in Austria, either on the authority’s initiative or on a reasoned application. Two provisions matter for the protection routes discussed here. Subsection 2 concerns securing prosecution or asserting and enforcing civil-law claims connected with criminal offences. Subsection 3 concerns victims of violence.
The two provisions have different functions. In human trafficking or cross-border prostitution trafficking cases, the focus is the person’s participation in criminal proceedings or the enforcement of a connected claim. In a violence case, the residence right must be necessary to protect the person from further violence.
The residence right is therefore tied to a specific protection situation. A difficult life situation on its own does not replace the statutory elements. The preparation should connect the current residence status, the protection history and the intended legal outcome.
Section 57(1)(2) AsylG refers to securing the prosecution of criminal offences or asserting and enforcing civil-law claims connected with those offences. The provision specifically mentions witnesses and victims of human trafficking or cross-border prostitution trafficking as typical groups that may require this protection route.
Section 57(3) AsylG requires a concrete procedural status for an application under subsection 2. The application is inadmissible if criminal proceedings have not begun and civil-law claims have not been asserted. The file should therefore include, for example, a file number, confirmation from the competent body, court documents or a comprehensible claim document.
The person’s role should be described clearly. It may matter for the prosecution, the evidence and the need for protection. File inspection in NAG proceedings can help organise authority findings, statements and outstanding documents before the next response.
Section 57(1)(3) AsylG concerns third-country nationals who are not lawfully staying or settled in Austria, have been victims of violence and need the residence right to be protected from further violence. An interim injunction under sections 382b or 382c EO must also have been issued or have been legally possible.
The violence, the protection measure and the current risk should therefore form a coherent chronology. Relevant facts may include the reason for the protection order, its duration, later incidents, contacts with the police or courts and the concrete reasons why protection in Austria remains necessary.
An interim injunction is a key reference point, but it does not replace the entire assessment. Residence status, identity and the credible need for protection must also fit the application. The guide to documents for a NAG application explains how certificates, translations and supporting evidence can be arranged.
Under section 57(2) AsylG, before granting the residence right in cases under subsection 1(2) and (3), the Federal Office for Immigration and Asylum must obtain a reasoned statement from the competent State Police Directorate. This consultation is part of the statutory process. It does not replace the applicant’s own evidence of the protection ground.
The application should therefore allow the authority file to show the protection situation clearly. In a human trafficking case, the link between offence, proceedings and the person’s role matters. In a violence case, the incidents, protection measure and risk of further violence matter. Documents from different authorities should use the same key dates and facts.
Where proceedings are already pending, earlier correspondence may identify the questions that remain open. The article on an independent residence right after separation concerns a different legal basis, but it also illustrates why the existing title, family relationship and protection ground must remain separate.
Section 57(3) AsylG sets a six-week decision period for an application under subsection 1(2). The period applies to an admissible and decision-ready procedure. It does not remove the need to prove that criminal proceedings have begun or that the civil-law claim has been asserted.
For an application under subsection 1(3), section 57(4) AsylG provides a separate admissibility limit. If the interim injunction is absent and could not have been issued, the application is inadmissible. Whether the protection measure was legally possible must therefore be assessed against the concrete violence and risk situation.
The filing should keep these questions separate. A chronology, document list and clear structure make the assessment easier. The residence permit check can help structure the initial situation, but it does not replace review of the protection requirements and the case file.
A sound file starts with identity documents, current residence status and a short chronology. The protection documents follow. In human trafficking cases, the file should show the status of the criminal proceedings or civil-law claim and the person’s role. In violence cases, the protection measure, incidents and risk of further violence are central.
Translations, medical records, police documents and court decisions should be assigned clearly to an event and date. Inconsistencies between accounts should be explained before they create uncertainty. The first residence permit application checklist helps with general documents, but it does not replace the special evidence required by section 57 AsylG.
The special protection ground must also remain separate from another immigration objective. A person seeking family reunification, employment or a subsequent asylum remedy needs a distinct assessment. The topic page on applying for a residence permit provides the general entry point, while this article stays focused on violence and human trafficking.
Section 57 AsylG covers certain third-country nationals staying in Austria. For the routes discussed here, the requirements under subsection 1(2) or (3) must be met. The concrete protection ground, residence status and supporting evidence are decisive.
A report alone does not answer the admissibility question. Under section 57(3) AsylG, criminal proceedings must have begun or a civil-law claim must have been asserted. The procedural status should be shown with suitable documents.
For section 57(1)(3) AsylG, an interim injunction under sections 382b or 382c EO must exist or have been legally possible. It must also be credible that the residence right is necessary to protect the person from further violence.
Under section 57(2) AsylG, before granting the residence right in cases under subsection 1(2) and (3), the BFA must obtain a reasoned statement from the competent State Police Directorate. The statement is part of the authority process and does not replace the applicant’s evidence.
The residence right for special protection is based on section 57 AsylG and has its own requirements. Family reunification, employment, a subsequent asylum application and ordinary NAG procedures must be assessed separately.
Organise general routes, authorities and application documents.
Review decisions, statements and outstanding documents in a focused way.
Prepare certificates, translations and evidence systematically.
Structure the initial situation for the next review step.