autonomous communities are not fulfilling their obligation to manage the paperwork to get the residence permit of unaccompanied foreign minors hosted in Spain. As of September 30, only 395 applications were still being processed, according to the Government's response to a parliamentary question of senator Jon Iñarritu (EH-Bildu). The number is trivial taking into account that this year the communities have taken up the host of nearly 5,000 children and newcomers.
In Andalusia, where he attends to one-half of the 11,100 fewer immigrant minors estimated that there are in Spain, just were being processed 60 residence permits. In the Community of Madrid, up to that date, there were only 10 applications for residency are in the pipeline, although officially welcomes over 400 children. In the Country, Basque, with almost 1,000 children, there were only 17 applications.
Cataluña, the third community with more immigrants under age (more than 1,000), appears as the most diligent and elevated the processing of 176 records. Ceuta, with 407 children, has 61 records open, more than Andalusia, almost all renewal, that is to say, of children who were already regularized. Melilla, the second region with the most foreign minors, and The Rioja, the less hosts, do not appear reflected in the statistics. Also Extremadura and Asturias.
The processing of residence permits, that have deadlines very variables from one city to another, starts in the centres for minors. These have the responsibility to get the documentation of the children and submit the reports to the entity of the protection of minors regional, legal guardian of unaccompanied foreign minors. Communities, for their part, elevate the request to the delegation Restbet of Government, which must resolve the case file, considering that immigrant children are protected are guaranteed by law their regular residence in Spain. The problems, say sources familiar with the paperwork, problems also arise from the start, with the lack of cooperation of the embassies of the countries of origin, and occur in the autonomous and state administration.
“The data speak for themselves and are a reflection of that community are not protecting legally to minors. If they were to protect as a trademark the law to the children for their immediate obligation would be to engage in the management of their authorization of residence in the 100% of the cases,” says Lourdes Reyzábal, president of the Foundation Roots, that supports children in a situation of inequality or risk social exclusion. Foundation Roots also points out “the role that is not putting” the Prosecutor's office. “By law you must ensure that the autonomous communities to comply with his duty, making sure that no child without a guardian and without documents,” warns Reyzábal.
a protocol to provide care to unaccompanied foreign minors and states that three months after the entry of the child in the center of protection is enough time for your manager to ask for the residence permit. According to this premise, and the amount of foreign minors who have arrived this year, the number of applications in process should be very much higher. On the other hand, the Aliens act provides that the expiry of the maximum period of nine months, “whatever state of processing, the Delegation or Sub-delegation of Government will grant the residence permit”. This, of course, that depends in any case the diligence of the autonomous communities submit the documentation, is not being met, according to denounce the entities that defend the rights of children.
While the subjects are under the damage of not processing the residence should not affect them in their day-to-day. Foreign children have the right, with papers or without them, to protection of and access to education and health in the same terms as the spaniards. The problem is that when the children approach the age of majority without being documented. When they turn 18 are left in the street as adults in an irregular situation.