The arrival of unaccompanied minors during the migration crisis in Ceuta has raised again what happens to these children and adolescents once they enter Spain. Even if they have entered irregularly, the legal priority ceases to be migration control and becomes the protection of the minor.
The regulations consider an unaccompanied foreign minor to be anyone under 18 years of age who arrives in Spain without a responsible adult, or who is left alone after entering the country, as long as there is a situation of lack of protection.
Immediate attention and transfer to protection services
When the National Police, the Civil Guard or another authority locates an unaccompanied foreign minor, they must notify the Public Prosecutor's Office and make them available to the minor protection services of the corresponding autonomous community.
The authorities are obliged to provide immediate attention, which may include accommodation, food, medical assistance, clothing, psychological support, and interpreter services. The public entity may initially take provisional custody while investigating their identity, family circumstances, and the possible existence of a situation of abandonment.
An unaccompanied foreign minor cannot be interned in a Foreign Internment Center. The Foreigners Act expressly orders that they be handed over to public minor protection entities.
How is it verified if they are really a minor?
When the minority is clear from documentation or physical appearance, the person is transferred directly to the autonomous protection services and their data is registered in the Register of Unaccompanied Foreign Minors.
If they are undocumented and there are reasonable doubts about their age, the Police must immediately notify the Public Prosecutor's Office. The Prosecutor's Office will order the necessary actions to determine it, with the priority and urgent collaboration of health services. While the procedure is being developed, the person must receive the immediate attention they need.
The tests may include an interview, a physical examination, and medical studies. If the result establishes a range and its lower limit is below 18 years, the regulations require considering them a minor.
Who assumes guardianship?
The competencies regarding child protection correspond to the communities and autonomous cities. When the Administration verifies that the minor is unprotected, it assumes their guardianship by ministerial law and adopts the necessary measures for their care.
The minor can be housed in a first reception center, subsequently transferred to a more stable residential resource, or incorporated into a family care system, depending on their age, needs, and the availability of the system.
From their entry into the protection resource, they must receive comprehensive and adequate attention, avoiding unnecessarily prolonging provisional measures or the stay in first reception centers.
What rights do they have?
Foreign minors in Spain have the right to education, healthcare, social services, and basic benefits under the same conditions as Spanish minors, regardless of how they entered the country.
They also have the right to:
- Be informed in a language they understand.
- Be heard in decisions that affect them.
- Have legal representation.
- Receive legal assistance and an interpreter.
- Keep their identity and personal data protected.
- Request asylum or international protection.
- Receive specialized attention if they are victims of trafficking, violence, abuse, or exploitation.
The protection services must inform them reliably about the right to asylum and the procedure to request it. When a minor requests international protection, they must have a representative who acts on their behalf and assists them during the processing.
Can they be returned to their country?
They cannot be returned automatically or through an ordinary expulsion. The Administration can study their repatriation, but it must open an individual procedure and demonstrate that the return better protects their best interest.
Before deciding, the State requests information from the country of origin about their family and circumstances. Repatriation can only be considered to:
- Reunite them with their family when adequate conditions exist.
- Hand them over to the child protection services of their country, if they guarantee that they will take care of them.
The minor must be informed, heard, and assisted. The entity that exercises its guardianship and the Public Prosecutor's Office also intervene. If they are over 16 years old, they can act personally in the procedure; if they are younger but have sufficient maturity and disagree with their guardian, a judicial defender must be appointed for them.
The decision corresponds to the Delegation or Subdelegation of the Government and can be appealed to the courts. If it is not proven that the return is safe and favorable for the minor, they must remain under protection in Spain.
Does it obtain a residence permit?
The residence of the minor under the guardianship of a public Administration is considered regular for all purposes, even before they physically receive their card. The temporary lack of documentation cannot deprive them of their rights as a minor.
When it is proven that they cannot be repatriated, and in any case once 90 days have passed since their placement at the disposal of the protection services, the Immigration Office must initiate the procedure to grant them a residence authorization.
The authorization:
- Initially has a duration of two years.
- Takes effect from the moment the minor was placed under protection.
- Allows working from 16 years in activities that promote their social integration, at the proposal of the protective entity.
- Can be renewed for three years if the circumstances that justified its granting continue.
The granting of the permit does not prevent a subsequent repatriation if it is demonstrated that it is beneficial for the minor.
Can they be transferred to another autonomous community?
Under normal circumstances, the autonomous community where the minor is located initially assumes their protection. It can also agree with another territory on the transfer of their guardianship and custody to facilitate more appropriate care.
Since 2025, there is also a state mechanism for redistribution when an autonomous community or city is declared in extraordinary migratory contingency situation due to the saturation of its reception system.
In those cases, the State can assign the minor to another autonomous community. The transfer must generally be carried out within 15 calendar days following their registration. Before resolving, the minor and the destination community must be heard, and the file is communicated to the Public Prosecutor's Office.
The transfer does not eliminate protection: the destination community takes over their custody or guardianship and must guarantee their rights.
What happens when you turn 18 years old?
Upon reaching the age of majority, administrative guardianship ends, but the young person does not automatically find themselves in an irregular situation nor do they immediately lose their authorization.
Those who already have a residence permit can apply for its renewal. Their means of livelihood, participation in integration programs, training, and possible incorporation into the labor market are evaluated. The renewed authorization has a duration of two years and allows for work.
If they turned 18 years old without receiving the permit despite having met the conditions to obtain it, they can apply for a residence permit for exceptional circumstances.