The Supreme Court overturns obstacles in the Immigration Regulations: does it affect you?

A recent Supreme Court ruling has fully impacted those processing their residency. It does not overturn the entire regulation, but it does correct several articles that limited rights. And what changes? Well, especially for minors, families, and people with criminal records.

The administrative litigation chamber has partly upheld the claims of migrant advocacy organizations. For example, it annuls the prohibition that prevented a married minor from accessing certain permits. Note: the court considered that rule harmed victims of forced marriages. It also removes restrictions for minors born in Spain who left the country for justified reasons. From now on, a more favorable interpretation for children will be applied – it was about time.

Another important change: there will no longer be automatic denial due to criminal records. The Administration will have to assess each case individually. It will weigh the severity of the crime, the time elapsed, your family situation, and the best interests of the children. So if you are processing a permit and have any prior record, do not consider it lost.

The ruling also gives the green light to temporary employment agencies to hire foreigners for seasonal work. The Supreme Court has annulled the prohibition that prevented it. Do you work in agriculture or hospitality? This may open up options for you.

But be careful, not everything is good news. The court maintains the new restrictions on root-based residency for applicants of international protection. In other words, if you apply for asylum, the conditions for root-based residency remain tougher than before.

What to do if it affects you? If you have a minor in your care or are in family reunification, pay attention to how these criteria are applied. And if you have a criminal record, don't throw in the towel: now the administration must evaluate your specific case.

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