The Council of Ministers has approved, at the proposal of the Ministry of Inclusion, Social Security and Migration, a Royal Decree that reforms the Rules of Immigration, modifying the legal regime of minors and ex-adjusted to favor its integration.
The new regulation, among other things, seeks to facilitate access to work.
With the reform approved today, it is an end to the current situation in which, de facto, the inclusion of unaccompanied minors and the explored young people was prevented.
The current regulations causes many minors to remain an irregularity, after 18, a situation caused by the rigidity of that regulation that the Government now modifies.
Specifically, the reform will affect 15,000 people, 8,000 of them less unaccompanied migrants and 7,000 young people from 18 to 23 years.
“The ultimate goal of the reform is to promote the inclusion and reduce the vulnerability of these people preventing undocumented foreign minors from reaching, consolidating that they can access the labor market after 16 years (and after meeting 18
Years) “, they indicated from the ministry.
Thus, it establishes an own regime for ex-adjustable young people with requirements more according to their reality, lengthening the duration of residence authorizations and allowing those who now are between 18 and 23 years old and that they have been aboccaded to irregularity can be
Access a job authorization.
In this way, the same sources indicate, Article 196 of the Aliens Regulation is amended to simplify the documentation procedure when they are minor.
First, the deadline is reduced to accredit the impossibility of return of nine to three months.
When those three months are exceeded, the foreign offices will document these people ex officio without this procedure interfered in a possible repatriation.
However, if the repatriation proceeded, the authorization granted would be extinguished.
Secondly, the validity of the initial authorization of one to two years (homogenizing the deadline with other standards) and the authorization of renewal at three years is increased.
Third, it is exempt from the requirement of Notarial Act for the Registration Certificate and is replaced by a report from the Minor Protection Entity.
Finally, it is consolidated that residence authorizations enable to work when the lowest reach 16 years.
With the modification of articles 197 and 198 of the Immigration Rules, a regime is created for unaccompanied minors who reach the age of majority.
For those who arrive at 18 documented 18 years (Article 197), an own regime is established without references to non-profit residence, which favors the continuity of the authorization that had as less.
In the case of minors who reach 18 years without documenting, Article 198 is modified to establish a new system to document those young people who are not arriving at age.
These young people would agree to an authorization to reside and work with the same requirements mentioned above.
In both cases, both for those who have reached most of age documented as documented, the reports on integration effort, continuity of studies or training will be taken into account.
Finally, for those young ex-tuned who are now between 18 and 23 years old and are undocumented, a procedure is launched so that they can access the expected authorization for minors who arrive without documenting the age of majority.
In this way, it is avoided that they remain overtwell and generated social exclusion situations are generated.
The process of preparing this Royal Decree has had a significant participation of individuals, entities of the third sector and autonomous communities.
During the public consultation process there were 122 contributions, while in the processing of information and public hearing there were another 15 contributions.
In addition, 11 Autonomous Communities participated actively in the procedures and made a positive assessment of the reform;
Similarly, the State Council referred to this regulatory change by underlining “the relevance and the ambitious scope of the reform”.
All these contributions have helped enrich the Royal Decree approved today.
The reform approved in the Council of Ministers will benefit about 15,000 people approximately.
