The Supreme Court has ruled on the new immigration regulations. It upholds them in general terms, but strikes down several articles. The most important change for you: the Administration can no longer deny you residence or family reunification authorizations just because you have a criminal record. Now they have to study your specific case — the severity of the crime, how long ago it happened, your family situation, whether there are minor children involved —. The automatic 'no' is over.
The appeal was filed by five social organizations: Caritas, CEAR, Red Acoge, Andalucía Acoge and the Jesuit Migrant Service. They considered that the regulation, approved in November 2024, fell short in rights for asylum seekers and other groups. The Supreme Court has ruled in their favor on several fronts.
Minors also come out ahead. The rule that prevented a married minor from accessing certain residence permits is annulled — the court sees it as a risk for victims of forced marriages —. And the provision that softened the obligation of administrations to immediately attend to unaccompanied minors is declared illegal. That care, the Supreme Court recalls, is mandatory by law, without conditions.
More changes: Spain will have to recognize the child protection measures adopted by other countries, as long as international conventions say so. The requirement that such guardianships be constituted according to Spanish law is annulled. And temporary employment agencies can now hire foreign workers for seasonal activities — the regulation prohibited it, but the Supreme Court has struck it down.
And what about electronic procedures? The ruling says you cannot be forced to interact with the Administration only via the internet. If you don't have the means or find it difficult, you can request in-person attention. However, the Supreme Court supports that asylum seekers cannot simultaneously request rootedness, nor that the time of asylum be counted towards the rootedness periods. And it validates the new regime for relatives of Spaniards, although the Socialists questioned it.
In summary, the ruling corrects the most restrictive points of the regulation, but leaves its general structure intact. Were you denied an authorization due to a criminal record? Now you can appeal and request an individual assessment. If you are a minor or have minor children, the new rules work in your favor. So make a move.
If you have difficulties with your appointment or procedure, write to us on Telegram: https://t.me/cita_extranjeria
Need an appointment?
We book Immigration, DGT, Civil Registry and Digital Certificate appointments across Spain.
Request Service