The Official State Gazette (BOE) on 22 September published a landmark Supreme Court judgment (Case 19/2025) that partially annuls Royal Decree 1155/2024—the regulation underpinning Spain’s Immigration Act. The ruling eliminates the blanket ban on temporary-employment agencies (ETTs) holding work-authorisation sponsorships, overturns several onerous documentary requirements for proving family ties, and softens residency conditions for minor and elderly dependants. In practical terms, companies will once again be able to use ETTs to place non-EU workers on short-term assignments—a common practice in manufacturing, logistics and IT projects that had become legally risky after the 2024 regulation took effect. Immigration lawyers note that pending applications rejected solely on ETT grounds can now be re-opened. For family-reunification cases the court invalidated provisions that forced applicants to demonstrate “effective cohabitation” through local-municipality certificates, a hurdle that disproportionately affected posted workers who travel frequently. It also removed automatic denial clauses tied to minor criminal records, instructing authorities to apply proportionality tests instead. The Interior Ministry must now issue implementing instructions, but the judgment is enforceable immediately. HR teams should review open files for affected employees and consider re-filing where beneficial. They should also monitor for new application forms once updated guidance is released, likely within 30 days.
Source: Boletín Oficial del Estado
