The Supreme Court Overturns the Automatic Denial of Visas for Relatives of Spanish Citizens with Criminal Records

The Supreme Court has overturned one of the strictest provisions of the new Immigration Regulations: the automatic denial of residence permits to relatives of Spanish citizens who have a criminal record. From now on, the government will not be able to reject an application solely on the basis of such a record. It must analyze each case individually, without exception.

The Administrative Litigation Chamber—in a ruling announced this week—has declared Articles 97.4 and 98.1 of the regulations, which were approved in May 2025, null and void. Those articles directly prevented a spouse, domestic partner, child, or ascendant of a Spanish citizen from obtaining a five-year temporary residence permit if they had any criminal record. Well, the high court says that’s not valid: authorities must determine whether that person poses a real, current, and serious threat to society. Period.

And what will the authorities have to assess? The ruling lists several factors: the nature and severity of the crimes committed, the time that has elapsed since then, the applicant’s subsequent conduct, the strength of their ties to Spain, and, above all, the best interests of any minor children. So if you’re a relative of a Spanish citizen and have a criminal record, they can no longer reject you outright. You’ll be evaluated on a case-by-case basis, and you’ll need to have everything clearly established.

The decision also strengthens the protection of minors. The Supreme Court has overturned the restrictions that prevented married minors from obtaining residence permits—a measure that could have harmed victims of forced marriages, mind you. Furthermore, it requires the recognition of guardianship or protection measures adopted in other countries, without requiring that they be established under Spanish law. This will facilitate family reunification for many people.

Another significant change: temporary employment agencies—the traditional “ETT” agencies—can now hire foreign workers for seasonal work. The government had prohibited this practice in the regulations, but the Supreme Court has overturned it due to a lack of legal basis. Note: seasonal work permits remain limited to nine months per year and a single employer, but temporary staffing agencies are now allowed to participate. You’ve been warned.

On the other hand, the court upholds the rule that asylum seekers cannot obtain residency permits while their application is pending. Nor is the time spent as an asylum seeker counted toward meeting the residency permit deadlines. So if you’re in that situation, you’ll have to wait for your international protection status to be resolved before you can apply for a residency permit. Be patient—there’s no other option.

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