In a landmark ruling issued on 13 July 2026 and published on 14 July, Spain’s Supreme Court partially annulled Royal Decree 1155/2024, the regulation that overhauled the country’s Immigration Act last year. While the court upheld the overall architecture of the reform, it invalidated several controversial clauses that NGOs and bar associations said harmed vulnerable migrants. First, the court removed language that prevented married foreign minors from obtaining residence permits, arguing that blanket exclusions violated the UN Convention on the Rights of the Child. It also struck down provisions that curtailed immediate assistance to unaccompanied minors and that refused to recognise guardianship arrangements created abroad. Second, justices ruled that authorities may no longer reject residence or work authorisations automatically on the basis of any criminal record. Instead, officials must conduct a proportionality test, weighing rehabilitation and family-unity considerations. The court further invalidated a ban on staffing agencies participating in seasonal-worker recruitment and cancelled the mandatory use of electronic-only filing for certain applicants, citing the digital divide. For employers, the judgement lifts procedural hurdles in sectors such as agriculture and hospitality that rely on temporary foreign labour. Companies can again use employment agencies to fill peak-season needs, but must prepare for more rigorous, case-by-case background checks. Foreign HR teams should also note that the ruling leaves intact tougher “arraigo” (rootedness) criteria for asylum seekers; those awaiting a decision still cannot use that time to qualify for regularisation. The Interior Ministry has 60 days to amend its online application platform and issue new guidance to regional immigration offices. Legal practitioners expect a surge of appeals from applicants previously denied for reasons now declared unlawful, making it advisable for global mobility managers to review any rejections since May 2025.
Source: elDiario.es
