Supreme Court Upholds New Immigration Regulations but Softens the Toughest Provisions

The Supreme Court has approved the general framework of the new Immigration Regulations—which were adopted in 2024—but has struck down some of the most stringent provisions. The ruling, which was announced earlier this month, strengthens protections for minors and families, removes barriers to regularization, and—that said—maintains the new conditions for establishing ties to the country for those who have already applied for asylum.

The Administrative Litigation Chamber has partially upheld the appeal filed by several migrant advocacy organizations. The most notable changes? The ban on granting residency to a minor solely on the basis of being married has been overturned. The judges ruled that this rule could harm victims of forced marriages. The requirement that guardianships established abroad must comply with Spanish law in order to be recognized here has also been eliminated. In other words, if a minor was under legal protection in their home country, Spain must recognize that status if international conventions so provide.

Another important point: the government can no longer automatically deny a residence permit solely on the basis of a criminal record. From now on, when family rights or the rights of European citizens are at stake, it must analyze each case individually, considering the severity of the crime, the time that has elapsed, the family situation, and the best interests of any children. Furthermore, the Supreme Court has overturned the ban that prevented temporary employment agencies from hiring foreigners for seasonal work. The court ruled that the government imposed this restriction without sufficient legal basis.

However, the court upholds the decision to prevent applicants for international protection from requesting residency based on ties to the country while their asylum case is pending. Nor is the time they spend as applicants counted toward meeting the residency requirements. Here, the Supreme Court confirms the government’s position: one cannot use two paths at the same time.

For family members of Spanish citizens, the court upholds the new regime. It is not mandatory to treat them the same as family members of EU citizens who have exercised their freedom of movement. Thus, visa requirements for certain family members abroad and the rules governing access to residency remain in place.

And what does this mean for you if you’re in the process of applying for residency? Well, here’s the thing: if you have a minor in your care, or if you’re coming from a guardianship arrangement in another country, this ruling works in your favor. If you were denied something due to a criminal record without your case being properly assessed, you can now appeal. And if you’re an asylum seeker, remember that you still can’t apply for residency until your claim is resolved. So it’s best to consult with a specialized lawyer, okay?

If you’re having trouble with your appointment or paperwork, message us on Telegram: https://t.me/cita_extranjeria