March 8, 2021

The route of an unaccompanied foreign minor since his arrival in Spain

What is the legal route of a foreign child who travels only when he arrives in Spain? Is Spanish residence granted directly or are certain requirements required? Who is responsible for the protection of these minors? These are the steps of an ore's itinerary.

– What is a MENA? He is an Unaccompanied Foreign Minor (MENA), that is, a young man under 18 who arrives in Spanish territory without a responsible adult to accompany him.

– When there is no doubt about his age, and he is younger, he is under the tutelage of the autonomous community where he is located and is admitted to a juvenile center where his reception and identification process begins.

– If their age is not clear, because they do not usually carry documentation, they are tested variously – such as wrist x-ray – to determine it, under the supervision of the Juvenile Prosecutor's Office.

– Once confirmed that he is a minor, he enters the Registry of Unaccompanied Minors and begins a process similar to if a Spanish child had been found: check if he has parents who can take care of him and, if not, it remains under the tutelage of the autonomous administration.

– The policy on unaccompanied foreign minors is aimed at the return of the minor to his or her country of origin, either with his family or in a reception center for minors in his country, provided that this constitutes the best interest of the minor and it is verified that there is no risk or danger to the integrity of the child, according to the law.

– It is the responsibility of the General State Administration, in accordance with the principle of family reunification of the minor, after having heard the child and prior report of the Child Protection Services, to resolve what is appropriate about the return to their country of origin or where they are their relatives or, failing that, about their stay in Spain.

– Those children who remain in Spanish territory will be given a residence permit and while the procedures are being completed, those education or training activities or programs can be taken within their integration process.

– In the case of minors supervised by the protection entity who turn 18 without having obtained the aforementioned residence authorization and who have adequately participated in the training actions and other activities to favor their social integration, the granting of a residence authorization is recommended temporary due to exceptional circumstances.

– When they turn 18, they stop being supervised by the administration and leave the centers and only some NGOs and institutions have support programs for these young adults.

By Ana Rodrigo

. (tagsToTranslate) foreign (t) tour (t) accompanied (t) arrival (t) Spain

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