Spain’s Supreme Court has handed down the most consequential immigration judgment in a decade, striking out several controversial provisions of Royal Decree 1155/2024 only two weeks after the government’s mass migrant regularisation window closed. The ruling, published on 17 July 2026, strengthens family-reunification rights, obliges Spanish authorities to recognise guardianships created abroad, and overturns a blanket ban preventing temporary-employment agencies from hiring non-EU seasonal workers. It also blocks the practice of automatically refusing residence permits to applicants with any criminal record; instead, immigration officers must weigh the severity and circumstances of the offence and the applicant’s family ties before deciding. For businesses that rely on seasonal labour—especially agriculture, tourism and logistics—the reinstatement of temporary-employment agencies as legal sponsors is critical ahead of the late-summer harvest and holiday peak. Employers may once again outsource recruitment and onboarding, provided they meet prevailing wage and housing standards. Corporate mobility teams should, however, note that the Court upheld limits on converting asylum-seeker status into other residence categories, meaning assignees awaiting international-protection decisions cannot yet pivot to work permits. Foreign families gain the most immediate relief. Spouses, parents and children of Spanish nationals abroad will still need visas before entry, but consulates must now accept foreign marriage and guardianship documents where an international convention applies. Under-age dependants married abroad—often in forced circumstances—will no longer lose eligibility for child-protection residence cards. Practically, HR managers should expect updated application forms and guidance from Spain’s Large Companies & Strategic Groups Unit (UGE) within weeks. Until new regulations are promulgated, existing forms remain valid, but adjudicators must follow the Court’s reasoning, giving applicants scope to request reconsideration if they were recently refused for the now-struck grounds.
Source: The Local Spain
