Print   

Act 23/2007 of July 4, amended by Act 29/2012 of August 9

 

[...]

SUBSECTION V
Residence permit issued to victims of trafficking in human beings or who have been the subject of an
action to facilitate illegal immigration


Article 109
Residence permit


A residence permit shall be granted to the foreign citizen who is or has been a victim of offences
related to trafficking in human beings or subject of an action to facilitate illegal immigration, even if
he/she has illegally entered the country or does not meet the necessary requirements for being
granted a residence permit.
2. The residence permit mentioned in the preceding paragraph shall be issued after the expiry of the
reflection period provided for in Article 111, provided that:
a) It is necessary to extend the stay of the party concerned in national territory considering the
interest that his/her presence may have to judicial investigations and proceedings;
b) Whether he/she shows a clear intention to cooperate with the authorities in the investigation
and suppression of trafficking in human beings and facilitation of illegal immigration;
c) Whether he/she has severed all relations with those suspected of the offences listed in the
preceding paragraph.
3. The residence permit may be granted before the expiry of the reflection period provided for in
Article 111, if it is clear that the concerned party meets the criterion laid down by sub-paragraph
(b) of the preceding paragraph.
4. A residence permit may also be granted after expiry of the reflection period provided for in Article
111 to the foreign citizen who is identified as a victim of trafficking in human beings under special
legislation, with exemption of the conditions laid down by paragraph 2 (a) and (b).
5. The residence permit granted under the provisions of the preceding paragraphs is valid for one year
and shall be renewed for equal periods if the conditions listed in paragraph 2 are still complied
with, or if there is need to maintain the protection of the person identified as victim of trafficking in
human beings, under special legislation.


Article 110
Information provided to the victims


When the competent authorities or organisations acting within the framework of protection of crime
victims' deem that a foreign citizen may fall into the scope of the provisions of the preceding Article,
they shall inform him/her of the possibilities offered under this section.


Article 111
Reflection period


Before issuing the residence permit provided for in Article 109, SEF will grant a reflection period to
the person concerned allowing him/her to recover and escape the influence of the perpetrators of
the offences.
2. The reflection period mentioned in the preceding paragraph has a minimum duration of 30 days
and a maximum duration of 60 days, from the starting point in which the competent authorities ask
for the person concerned collaboration, or when he/she expresses willingness in collaborating with
the competent authorities in charge of the investigation, or when the person is identified as a
victim of trafficking in human beings under the provisions of the applicable special legislation.
3. During the reflection period, the person concerned is entitled to the treatment provided for in
Article 112, and it shall not be possible to enforce any expulsion order against him/her.
4. The reflection period shall not create any entitlement to residence under this section.


Article 112
Rights of the victim before the granting of a residence permit


Before the granting of a residence permit, the person pointed out or identified as a victim of
trafficking in human beings or subject to an action to facilitate illegal immigration, who does not
hold sufficient resources, is granted standards of living capable of ensuring his/her subsistence and
access to appropriate emergency medical treatment.
2. For the purposes of the provisions of the preceding paragraph, the specific needs of the most
vulnerable persons shall be taken in due account, including psychological assistance, when necessary.
3. The protection and safety of the person mentioned in paragraph 1 shall also be ensured.
4. When necessary, the person mentioned in paragraph 1 is provided with translation and
interpretation services, as well as legal protection under the provisions of Act 34/2004 of 29 July,
exception made to paragraph 2 of Article 7, which does not apply.


Article 113
Rights of the residence permit holder


1. The holder of a residence permit granted under the provisions of Article 109, who does not have
sufficient resources falls within the scope, with the necessary adjustments, of the provisions of the
preceding Article.
2. The holders of a residence permit granted under the provisions of Article 109, who do not hold
sufficient resources and have special needs, such as minors, pregnant women, the disabled or victims
of sexual violence or other forms of violence, are given the necessary medical and social assistance.
3. The holder of a residence permit granted under Article 109 is given access to official existing
programmes whose purpose is to help him/her recovering a normal social life, including courses
designed to improve their professional skills or to prepare their assisted return to the country of origin.

Article 114
Minors


1. In applying the provisions of Articles 109 to 112, the best interests of the child shall be taken in due
account, and the procedures shall be appropriate to his/her age and maturity.
2. The reflection period provided for in paragraph 2 of Article 111 may be extended if it is in the best
interest of the child.
3. Minors who are victims of trafficking in human beings or subject to an action to facilitate illegal
immigration have access to the education system under the same conditions as national citizens
do.
4. All steps shall be taken to establish the identity and nationality of the unaccompanied minor, as
established by paragraph 5 of Article 99, as well as every effort to locate his/her family as quickly as
possible, and to ensure legal representation, including representation in criminal proceedings, if
necessary, in accordance to the law.

Article 115
Residence permit cancellation


  1. Without prejudice to the provisions of Article 85, the residence permit granted under this section
    may be cancelled at any time in case:
    a) The holder has actively, voluntarily and in his/her own initiative renewed contacts with the
    suspects of committing trafficking in human beings or action to facilitate illegal immigration; or
    b) The competent authority believes that the victim’s cooperation is fraudulent or that his/her
    complaint is wrongful or fraudulent; or
    c) The victim ceases to cooperate.
    2. Sub-paragraph (c) of the preceding paragraph does not apply to holders of the residence permit
    granted under paragraph 4 of Article 109.

 

[...]