Guardianship Wheels
Systemic Resource Center

Level 6 |
Promoting the rights and the best interests of the child

Residence permit

Residence permit

Residence permit means any permit or authorisation issued by the authorities of a Member State, in the form provided for under that State’s law, allowing a third-country national or stateless person to reside on its territory (Qualification Directive (2011/95/EU), Article 2 (m)).

Not all unaccompanied children are refugees or in need of international protection. Where it is in the best interests of a child to remain in the country of arrival, EU Member States offer different possibilities for children to regularise their stay, for instance by applying for a residence permit. The options available for migrant children differ from country to country. Unaccompanied children whose asylum applications have been rejected may be granted a temporary permit of stay that expires when they turn 18. Under EU law, non-national children who are victims of trafficking are entitled to a temporary residence permit.

The guardians has an important role in supporting the child and securing the rights of the child in procedures for regularising their stay and obtaining a residence permit, just as in procedures for international protection.  

Reference:


EU training and learning platform for guardians of unaccompanied children

Chapter 3: Supporting the child from arrival todurable solution

Handout 23: Residence permit procedure

Handout 25: Child-sensitive procedural safeguards


Literature:


FRA (European Union Agency for Fundamental Rights) (2014), Guardianship for children deprived of parental care, A handbook to reinforce guardianship systems to cater for the specific needs of child victims of trafficking, Luxembourg, Publications Office of the European Union (Publications Office).

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