Sheet 48 - Authorization of temporary residence due to exceptional circumstances of a foreign minor who reaches the age of majority

* 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 an authorization of temporary residence for exceptional circumstances to a foreign person who was protected, in custody, in provisional protection or in custody (which has not been held on the occasion of a precautionary measure of protection) by a Service for the Protection of Minors of the Autonomous Communities and who has reached the majority of age without having been the holder of an authorization of temporary residence as an unaccompanied minor (art. 172 RLOEX). It is able to work both on behalf of others, without taking into account the national employment situation, and on its own account (art. 174. 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 174).

REQUIREMENTS

  • Not to be a citizen of a State of the European Union, of the European Economic Area or of Switzerland, or a family member of citizens of these countries to which the regime of citizen of the Union applies.
  • Have participated in the training actions and activities programmed by the protection entity to promote their social integration in the terms provided in article 173.2.c) RLOEX; that is, attach reports of the competent public entities referring to their integration effort, the continuity of the training or studies that were being carried out, as well as reports of private entities or institutions regarding the satisfactory fulfillment of the educational objectives or socio-occupational inclusion of the program, whether it has been completed or is in progress.
  • You must, until the moment of the application, have remained in Spanish territory and prove your permanence.
  • Report on your insertion and social integration of your Autonomous Community or City Council in your case.
    • To have sufficient financial means to sustain them:
  • Monthly income and rents that exceed the individual monthly amount of the Minimum Vital Income (Law 19/2021, of 20 December, establishing the Minimum Vital Income); or
  • It is proven that its support is assured within a program developed by a public or private institution; or
  • Incomes from employment; or
  • Income from the social system; or
  • Income or other amounts that you may receive; or
  • An employment contract that meets the conditions set out in article 127.b) RLOEX:

The contribution of one or more work contracts that guarantees at least the minimum interprofessional wage or the wage established, where appropriate, in the applicable collective agreement, at the time of the application, in proportion to the working day, and whose sum represents a weekly day not less than twenty hours in overall computation.

More than one contract of employment may be provided in the following cases:

1.º In the case of performing work of a seasonal nature or linked to seasonal productive activities, two or more contracts may be presented, with different employers and concatenated.

2.º In the case of development of activities in the same or different occupation, working partially and simultaneously for more than one employer, the presentation of several contracts will be admitted.

The employer or employers must comply with the requirements of art. 74 RLOEX except as provided in paragraph 1(a). (the national employment situation will not be taken into account)

    • Lack of criminal record in Spain and in the previous countries of residence, for crimes existing in the Spanish legislation. To this end, the Administration will automatically check the records of the Central Register of Convicted Persons of the Ministry of the Presidency, Justice and Relations with the Courts.
    •  Not to appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
  • The entitlement to work shall not take into account, in the case of paid activities, the national employment situation in accordance with the provisions of Article 40.1.b) LOEX. This entitlement to work will have the same duration as the residence authorization (the following legend will appear in the TIE “entitlement to work for oneself and for someone else”).
  • The renewed residence permit shall be valid for two years, renewable for two-year periods if the requirements are maintained, except where a long-term or long-term EU residence permit applies.
  • Pay the fee corresponding to 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 filing the application.

  • Copy of the complete passport, travel title or registration card (art. 210.5 RLOEX), in force of the foreign 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 foreign person who was an unaccompanied foreign minor.
  • Documentation accrediting that they have participated adequately in the training actions and activities programmed by the protection entity to promote their social integration and/or documentation accrediting that they have satisfactorily met the educational or socio-occupational inclusion objectives of the corresponding program, whether it has been completed or is in progress in the corresponding public or private entity.
  • Supporting documentation that proves, up to the moment of the application, to have remained in Spanish territory.
  • Report on your insertion and social integration of your Autonomous Community or City Council in your case.
  • Documentation accrediting the availability of financial means to support them in accordance with the previous section.

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 submit the application:
  • The foreign person personally or through representation.
  • Place of presentation:
  • In person, in the Office of Foreigners of the province, the one with the address fixed.

Address information, telephone numbers and hours of service to the public.

  • Deadline for submission:
  • The application may be submitted during the two months previous or in the three months subsequent to the date on which the applicant turns 18 years. 
  • Exceptionally beyond that period, and until the day after the young person reaches the age of 20, when there are reasons beyond the control of the foreign person that are duly accredited. In this case, the application must be accompanied by a report from the corresponding Autonomous Community or City Council .
  • Corresponding fee: will accrue at the time of admission to processing the application, and must be paid within ten working days:
  • Form 790 code 052, heading 2.3.2. c) “Initial authorization of temporary residence due to exceptional circumstances due to the access to the age of majority of the unaccompanied foreign minor who does not hold a residence authorization”.

The subscription form can be downloaded from this page.

  • Time limit for the resolution of the application: three months from the day following the date on which it entered the register of the competent body for processing. Once this period has elapsed without the Administration having made the notification, it may be understood that the application has been rejected by administrative silence. (When it has not been possible to notify the resolution it will be announced in the Single Edictal Board (TEU). If you have opted for electronic notification or if you are legally obliged to use that medium, the resolution will be notified by publication in the electronic headquarters. If the resolution is not accessed within 10 calendar days from its publication, it will be given by notification).
  • Within one month of notification, the foreign person must personally apply for the alien identity card at the competent police station or police services in his/her 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 entitlement to work shall not take into account, in the case of paid activities, the national employment situation in accordance with the provisions of Article 40.1.b) LOEX. This entitlement to work will have the same duration as the residence authorization (the following legend will appear in the TIE “entitles to work for oneself and for someone else”).
  • The renewed residence permit shall be valid for two years, renewable for two-year periods if the requirements are maintained, except where a long-term or long-term EU residence permit applies.