Sheet 46 - Authorization of temporary residence of unaccompanied minors

*The content of this page is for guidance only. Only the provisions of the regulations in force at the time of submission of the application are applicable.

Last Updated: May 2025

Index of contents

  • Type of Authorization
  • Basic regulations
  • Requirements
  • Exigible documentation
  • Procedure


 

TYPE OF AUTHORISATION

It is a residence permit that is granted to unaccompanied foreign minors welcomed, tutored, in custody, under provisional protection or guarded by a Service for the Protection of Minors of the Autonomous Communities (art. 172. RD 1155/2024).

BASIC REGULATIONS

  • Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration (article 35).
  • Royal Decree 1155/2024, of 19 November, approving the Regulations of Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration (article 172).
  • Framework Protocol on actions in relation to Unaccompanied Foreign Minors, Resolution of the Ministry of the Presidency of 13/10/2014 – BOE 16/10/2014.

REQUIREMENTS

  • Foreign minor unaccompanied person received, tutored, in custody, in provisional protection or in custody by a Service for the Protection of Minors of the Autonomous Communities:
  • Unaccompanied minor alien who first accedes to the residence permit of an unaccompanied minor alien.
  • Unaccompanied minor alien who renews the residence permit of an unaccompanied minor alien.


 

  • Any unaccompanied minor foreign person who is a national of a State of the European Union, of the European Economic Area or of Switzerland accompanied, welcomed, tutored, in custody, in provisional protection or custody by a Service for the Protection of Minors of the Autonomous Communities shall be subject to Royal Decree 240/2007, of 16 February, on the entry, free movement and residence in Spain of citizens of the Member States of the European Union and of other States parties to the Agreement on the European Economic Area (access via this link
  • Pay the fee for the processing of the procedure.


 

EXIGIBLE DOCUMENTATION

Note: in general, copies of the documents must be provided and the originals must be displayed at the time of submitting the application.

In the event of initiation at the request of the Juvenile Protection Service of the Autonomous Communities:

  • Copy of the complete passport, travel title or registration card (art. 210.5 RLOEX), in force of the minor person:
  • The Aliens Regulations allow the registration card to be requested in advance or at the same time as the residence permit (art. 210.9. RLOEX).
    • Documentation accrediting the legal guardianship, custody, provisional protection or custody of the minor person received, tutored, in custody, in provisional protection or custody (the date on which the minor person has been placed at the disposal of the Child Protection Services must be stated, since art. 35.7 LOEX states that the effects of the residence permit will be reversed when the minor has been placed at the disposal of the Child Protection Services).
  • Documentation accrediting the representation of the Child Protection Service in favor of the natural person filing the application.
  • Copy of the MENA Registration Card of the National Police Force containing the NIE and the registration in the Register of Unaccompanied Foreign Minors (in order to avoid duplication of NIE in the same minor).

The initial residence authorization will be valid for two years from the date on which it was determined that the minor was placed at the disposal of the Juvenile Protection Service.

In the event of renewal at the request of the Juvenile Protection Service of the Autonomous Communities:

  • The renewal of the authorization will proceed when the circumstances that motivated its initial concession remain.
  • The validity of the renewed authorization will be three years unless a long-term residence authorization corresponds.

The Alien Identity Card (TIE) of initial residence authorization or the authorization of renewed residence of unaccompanied minors in cases of minors aged 16 or over will bear the legend “qualified to work” for the exercise of the work activity both on its own account and on behalf of others. This authorization to work will have the same duration as the authorization of residence.

Important note: when documents are provided from other countries they must be translated into Spanish or co-official language of the territory where the application is submitted by a sworn translator.

List of sworn translators.

On the other hand, any foreign public document must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which the document has been issued or, where appropriate, by the Ministry of Foreign Affairs, European Union and Cooperation except in the case where the document has been apostilled by the competent authority of the issuing country in accordance with the Hague Convention of 5 October 1961 and unless the document is exempt from legalization under the International Convention.

Information on the translation and legalization of documents.

PROCEDURE

  • Subject legitimated to present/initiate the procedure:
    • Initiated ex officio by the Aliens Office of the province where the domicile of the minor is established, or in higher order. The Aliens Office shall communicate the agreement to initiate proceedings to the minor through the Public Entity for the Protection of Minors, requesting for this purpose the provision of the required documents.
    • Requested by the Service for the Protection of Minors of the Autonomous Communities of the province in which the domicile of the minor is fixed (even if it is another CCAA that will have the guardianship of the minor).
  • Place of presentation:
  • In person, at the Aliens Office of the province in which the minor foreigner does not have a fixed address.

Information of the address, telephones and hours of attention to the public.

  • Corresponding fee: it will accrue at the time of submission of the application, and must be paid within ten working days:
  • Model 790 code 052, heading 2.1 “initial authorization of temporary residence”.

The form for the subscription can be downloaded from this page.

  • Deadline for resolution and notification of the request: The Government Delegation or Subdelegation shall rule on the procedure and notify the minor of the ruling within a maximum period of one month. The decision shall be communicated to the Department of Public Prosecutions within ten days of its issuance. The representative of the minor must personally request, within one month from the date of notification of the resolution, and before the office of foreigners or the corresponding police station, the identity card of a foreigner.

  • Within one month of notification of the granting of the residence permit, the legal representative of the minor, accompanied by the same minor, must personally apply for the alien identity card at the competent police station or police services in his place of residence.

The documentation to be provided in the application for the alien identity card can be consulted at the following link:

https://sede.administracionespublicas.gob.es/procedimientos/index/categoria/34

  • The initial residence authorization will be valid for two years from the date on which the placement of the minor at the disposal of the Juvenile Protection Service was determined.
  • The renewed authorisation shall be valid for three years, unless an EU long-term or long-term residence authorisation applies.