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The Council of Ministers has approved, at the proposal of the

Ministry of Inclusion, Social Security and Migration

, a

Royal Decree

that reforms the

Immigration Regulations

, modifying the legal regime of minors and former ward to favor their integration.

The new regulations will make it easier for them to access work.

With the reform approved today, an end to the current situation in which,

de facto

, the inclusion of unaccompanied minors and young ex-ward was prevented.

The current regulations cause many minors to remain in irregularity upon reaching the age of 18, a situation caused by the rigidity of these regulations that the Government modifies.

Specifically, the reform will affect 15,000 people, 8,000 of them unaccompanied migrant minors and 7,000 young people between the ages of 18 and 23.


"The final objective of the reform is to promote inclusion and reduce the vulnerability of these people by preventing undocumented unaccompanied foreign minors from reaching the age of majority, consolidating that they can access the labor market from the age of 16 (and after turning 18 years) ", indicated from the Ministry.

Thus, an own regime is established for the young ex-ward with requirements more in line with their reality, lengthening the duration of the residence authorizations and allowing the young ex-ward who are now between 18 and 23 years old and who have been doomed to the supervening irregularity can access a work authorization.

In this way, the same sources indicate,

article 196

of the immigration regulations

is modified

to simplify the documentation procedure when they are minors. In the first place, the period to prove the impossibility of return is reduced from nine to three months. When these three months are exceeded, the immigration offices will document these persons ex officio without this procedure interfering with a possible repatriation. However, if the repatriation proceeds, the authorization granted would expire.

Second, the validity of the initial authorization is increased from one to two years (homogenizing the term with other regulations) and of the renewal authorization to three years. Third, it is exempted from the requirement of a notarial act for the registration certificate and is replaced by a report from the entity for the protection of minors. Finally, it is consolidated that the residence permits enable them to work when the minor reaches 16 years of age.

With the modification of

articles 197 and 198

of the Immigration Regulations, an own regime is created for unaccompanied minors who reach the age of majority.

For those who reach 18 documented years (Article 197), an own regime is established without references to non-profit residence, which favors the continuity of the authorization that they had as a minor.

Residence and work permit

In the case of minors who reach the age of 18 without documentation, article 198 is modified to establish a new system to document those young people who are not documented when they reach the age of majority. These young people would access an authorization to reside and work with the same requirements mentioned above. In both cases, both for those who have reached the age of majority, documented and undocumented, the reports on integration efforts, continuity of studies or training will be taken into account.

Finally, for those young ex-ward who are now between 18 and 23 years old and are undocumented, a procedure is put into place so that they can access the authorization provided for minors who arrive without documentation at the age of majority. In this way, it is avoided that they remain in irregularity and generate situations of social exclusion. The process of preparing this Royal Decree has had a significant participation of individuals, third sector entities and autonomous communities. During the public consultation process, 122 contributions were received, while in the information process and public hearing there were another 15 contributions.


In addition, 11 autonomous communities actively participated in the procedures and made a positive assessment of the reform;

likewise, the

Council of State

referred to this regulatory change, underlining "the relevance and ambitious scope of the reform."

All these contributions have helped enrich the Royal Decree approved today.

The reform approved by the Council of Ministers will benefit approximately 15,000 people.

According to the criteria of The Trust Project

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