The Supreme Court Overturns Key Provisions of the New Immigration Regulations

The Supreme Court has approved the structure of the new Immigration Regulations—though it has struck down several of its most controversial articles. The ruling, which responds to an appeal filed by migrant rights NGOs, overturns provisions ranging from the protection of minors to seasonal employment.

One of the main changes: foreign minors will not lose their eligibility for residence permits simply because they are married. The Supreme Court found that this restriction harmed victims of forced marriages. It also overturns restrictions on justified departures for minors born in Spain and declares it illegal for government agencies to relax their obligation to care for unaccompanied minors.

Regarding family reunification, the ruling requires the recognition of guardianships and protections established abroad in accordance with international conventions. Thus, these measures will no longer be required to comply with Spanish law. Regarding residence permits, the Supreme Court has eliminated automatic denial based on a criminal record: from now on, the government must assess each case individually—taking into account factors such as the severity of the crime, the time that has elapsed, and the family situation.

Temporary employment agencies will once again be able to hire foreign nationals for seasonal work. The Supreme Court has overturned the ban that the government imposed without sufficient justification. Regarding the “rootedness” requirement, the court upholds the rule that asylum seekers cannot qualify for it while their application is pending, and that the time spent as an asylum seeker does not count toward meeting the time limits. However, it has declared the requirement of six months of undocumented status to be void—since it had already been repealed.

As for family members of Spanish citizens, the Supreme Court upholds the new conditions, including the visa requirement for some. And finally, it overturns the requirement to interact with the government exclusively through electronic means—on the grounds that not all foreign nationals have the resources or ability to do so.

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