Residence procedures for unaccompanied foreign minors

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What is residence for unaccompanied foreign minors?

Residence for unaccompanied minors is a temporary residence authorization that may be granted to unaccompanied foreign minors who are under legal guardianship, in custody, under provisional protection, or in the care of a public administration or another entity.

Who is considered an unaccompanied foreign minor (mena)?

Unaccompanied foreign minors (menas) are foreign nationals under 18 years of age who are in Spanish territory without an adult responsible for them.

What is the immigration status of unaccompanied minors in Spain?

As soon as the authorities locate an unaccompanied foreign minor (mena), they must place the minor in the care of social services so that immediate assistance can be provided, and notify the Public Prosecutor’s Office.

Can unaccompanied foreign minors in Spain be repatriated?

Repatriation of unaccompanied foreign minors in Spain is provided for. The Government Delegation or Subdelegation in whose territory the minor is located is responsible for initiating the repatriation procedures to the minor’s country of origin, following a report from the diplomatic representation of that country.

Repatriation may take place only when, according to the available reports, it is considered to be in the minor’s best interests to reunite with their family, and after a procedure in which the minor is heard.

Can an unaccompanied foreign minor remain in Spain?

An unaccompanied foreign minor (mena) may remain in Spain if, following the procedure, it is established that repatriation is impossible, or if 9 months have passed since the minor was placed in the care of social services without being repatriated.

In these cases, the residence authorization will be granted to the minor on the authorities’ own initiative.