08/11/2022

A year of the reform of the Regulation on Foreigners

Inclusion records almost 17,000 files of young people under guardianship and ex-guardianship that facilitate their social and employment integration

Topics:

  • Migraciones
  • The initial forecast of the Ministry of Inclusion, Social Security and Migration is more than fulfilled when carrying out the first change of the Regulation of the Law on Foreigners
  • The consolidated data show that the entire documentary process has been given greater stability and that the employment of the members of the collective has multiplied by three

The reform of the Regulation of the Law on Foreigners carried out by the Ministry of Inclusion, Social Security and Migration in October 2021, and which entered into force in November of the same year, has already exceeded the scope forecasts formulated at the beginning. Thus, as of November 6, 2022, one year after its implementation, a total of 16,716 cases of unaccompanied minors and extutelated youths have been processed in order to promote their inclusion, when the original estimate was to reach about 15,000.

The reform was aimed at reducing the administrative and socio-labor vulnerability of this group, making it easier for unaccompanied foreign minors to arrive documented at the age of majority and allowing them to access the labor market from the age of 16, in addition to preventing them from passing almost automatically to administrative irregularity that occurred when they turned 18, as was the case with the previous regulations.

In addition, the Secretariat of State for Migration, through the Sub-Directorate General for Migration Analysis, has carried out a detailed analysis of the data until June 30, 2022, which concludes that the documentary map of minors under guardianship of working age offers a radically different panorama to that existing before the reform. Thus, 80% of them (1,794 people) have residence documentation, which explicitly incorporates their authorization to work, and only 344 (15%) still maintain the authorization of non-profit residence. Since the entry into force of the reform these young people can work even if they continue with the non-profit authorization, but gradually this documentation will be replaced by the new cards, which facilitate the search and obtaining of a job.

In addition, the data show that the 2021 reform provides greater stability and legal certainty to the entire process. The initial authorizations in this age group (16 and 17 years) have gone from 49% to 60%, but now, in addition to authorizing work by default, they are valid for 2 years.
With regard to the employment situation of minors and young people who have been discharged, the figures for employees in the Social Security system have increased threefold in the first months of the reform. As of June 30, 2021, there were 2,217 people in the group under study with at least one day of work in Social Security in that month, and a year later the figure reached 6,206, passing the percentage of employees in the reference dates from 28% to 51%. A particularly noteworthy increase considering that the size of the base group has also grown in this period from 8.023 to 12.083 due to the documentation and explicit recognition of the right to work of minors and young people who were already residing in Spain.

For more information:
https://extranjeros.inclusion.gob.es/es/Estadisticas/operaciones/menores/index.html
https://extranjeros.inclusion.gob.es/ficheros/estadisticas/operaciones/menores/Nota_analisis.pdf