Barely hours before the regularisation window closed, Spain’s Supreme Court issued two procedural orders signalling it may refer Royal Decree 316/2026 to the Court of Justice of the European Union (CJEU). The high court is handling challenges brought by the regional governments of Aragon and Valencia, which argue the mass grant of residence permits conflicts with EU return-and-asylum rules and the 2024 Pact on Migration and Asylum. In its orders, the Administrative Chamber asked the parties—plus the State Attorney—to say within five days whether a preliminary ruling should be sought. Judges highlighted two contentious provisions: automatic one-year permits for rejected asylum-seekers already facing expulsion, and blanket residence for anyone present before 1 January 2026 regardless of prior status. Both, they said, may breach EU directives requiring irregular migrants to be served a return decision. If the question is referred, the CJEU could take 12–18 months to issue an opinion.
![Supreme Court may ask EU judges to rule on Spain’s migrant amnesty]()
For businesses, assignees, or private applicants who need to understand how the evolving legal landscape might affect their plans, VisaHQ offers practical assistance. The company maintains real-time information on Spanish visa categories and can guide users through application or renewal processes—visit https://www.visahq.com/spain/ for a concise overview of current requirements and support options.
Crucially, the court stressed that filing a reference would not in itself suspend the processing of the one-million-plus applications; successful applicants will still receive provisional authorisations. Nevertheless, the prospect of EU-level litigation injects legal uncertainty for companies planning to hire regularised workers or transfer staff to Spain under the new scheme. Corporate mobility managers should therefore track the litigation calendar and consider contract clauses that address the risk of future policy reversals. Immigration lawyers expect Madrid to argue that the permits are limited to Spanish territory and therefore compatible with Schengen rules, but admit the case could set an important precedent on whether EU law allows large-scale national amnesties. Politically, the move hands ammunition to opposition parties that accuse the government of creating an “illegal attraction effect”. Yet even critics concede that annulling permits already granted would be practically and socially disruptive. For now, employers can continue to onboard candidates who receive favourable decisions, but should monitor the Supreme Court closely through the summer.
For businesses, assignees, or private applicants who need to understand how the evolving legal landscape might affect their plans, VisaHQ offers practical assistance. The company maintains real-time information on Spanish visa categories and can guide users through application or renewal processes—visit https://www.visahq.com/spain/ for a concise overview of current requirements and support options.
Crucially, the court stressed that filing a reference would not in itself suspend the processing of the one-million-plus applications; successful applicants will still receive provisional authorisations. Nevertheless, the prospect of EU-level litigation injects legal uncertainty for companies planning to hire regularised workers or transfer staff to Spain under the new scheme. Corporate mobility managers should therefore track the litigation calendar and consider contract clauses that address the risk of future policy reversals. Immigration lawyers expect Madrid to argue that the permits are limited to Spanish territory and therefore compatible with Schengen rules, but admit the case could set an important precedent on whether EU law allows large-scale national amnesties. Politically, the move hands ammunition to opposition parties that accuse the government of creating an “illegal attraction effect”. Yet even critics concede that annulling permits already granted would be practically and socially disruptive. For now, employers can continue to onboard candidates who receive favourable decisions, but should monitor the Supreme Court closely through the summer.
