A new ruling from Spain’s Supreme Court has upheld most of the country’s new Immigration Regulation (Reglamento de Extranjería) while annulling several key provisions affecting residence permits, family rights, foreign minors, and applicants with criminal records.
The judgment, made public on Monday, July 13, 2026, introduces important legal clarifications that immigration authorities must now follow when assessing certain immigration applications. For many foreign nationals living in Spain or planning to relocate, these changes could have a direct impact on residence applications, family reunification, and other immigration procedures.
One of the most significant aspects of the ruling concerns applicants with criminal records. Although criminal records remain a factor in Spain’s immigration process, the Supreme Court confirmed that immigration authorities cannot automatically refuse certain residence permits solely because an applicant has a criminal record when protected family rights are involved. Instead, each application must be assessed on its individual circumstances.
Beyond criminal records, the Court also strengthened protections for foreign minors, removed mandatory electronic-only communication with the Spanish Administration, and confirmed one of the most debated aspects of the reform: applicants with a pending asylum application cannot simultaneously apply for residence through arraigo, and time spent in Spain while awaiting an asylum decision will not count toward the residence period required for certain forms of arraigo.
Reviewed By
Marfour International Law Firm – Immigration Department
Content reviewed by our immigration department based on official 2026 Spanish government requirements and current Spanish immigration regulations.
Maryem Essadik
CEO, Marfour International Law Firm
Marfour International Law Firm Linkedin
Supreme Court Confirms Most of Spain’s Immigration Reform
The Supreme Court concluded that the Government’s Immigration Regulation remains largely valid and will continue to apply. However, several provisions have been annulled after the Court determined they conflicted with Spain’s legal framework.
As a result, the majority of the reform remains in force, while specific rules affecting vulnerable groups and certain immigration procedures must be modified.
Stronger Protection for Foreign Minors
One of the most significant changes introduced by the ruling relates to the protection of foreign minors.
The Court found that preventing a minor from accessing certain residence authorizations solely because they were married was contrary to the best interests of the child. According to the judgment, this restriction could particularly harm victims of forced marriages and other vulnerable situations.
The ruling also removes restrictions that affected children born in Spain who had temporarily left the country for justified reasons.
Additionally, the Supreme Court declared unlawful the provision that relaxed the obligation of public authorities to provide immediate assistance to unaccompanied foreign minors.
Another important aspect of the decision concerns child protection measures established abroad. The Court confirmed that Spain must recognize guardianship and child protection arrangements adopted by foreign authorities whenever international agreements require such recognition. Consequently, the Regulation cannot require these family relationships to have been established under Spanish law.
Criminal Records Can No Longer Lead to Automatic Refusals
The Supreme Court also modified the rules governing residence permits for applicants with criminal records.
The judgment removes provisions that allowed immigration authorities to automatically refuse certain residence authorizations solely because an applicant had a criminal record.
Instead, authorities must now assess each application individually, taking into account factors such as:
- The seriousness of the offence
- The amount of time that has passed since the offence
- The applicant’s family circumstances
- The best interests of any minor children whose rights may be affected
This ruling reinforces the requirement for a case-by-case assessment rather than an automatic refusal.
Supreme Court Removes Ban on Temporary Employment Agencies
The Court also struck down the rule prohibiting temporary employment agencies from hiring foreign workers for seasonal employment campaigns.
According to the judgment, the Government introduced this restriction without sufficient legal authority or adequate justification based on the public interest.
Supreme Court Upholds New Arraigo Restrictions for Asylum Seekers
While the Court annulled several provisions of the Regulation, it upheld one of the most debated aspects of the reform: the new limitations on arraigo for applicants seeking international protection.
The judgment confirms that individuals with a pending asylum application cannot simultaneously apply for residence through arraigo.
The Court also confirmed that time spent in Spain while an asylum application is pending does not count toward the residence period required for certain forms of arraigo.
However, the Court stated that it would not rule on the former requirement of remaining in an irregular situation for at least six months under the Fifth Transitional Provision because that requirement had already been repealed by Royal Decree 316/2026.
The Court also closed proceedings relating to several other legal challenges that had been withdrawn during the appeal process.
Residence Rights for Family Members of Spanish Citizens
The ruling generally supports the new residence regime for family members of Spanish citizens.
According to the Supreme Court, Spain is not required to make this system identical to the residence regime applicable to family members of European Union citizens who have exercised their right to free movement.
The Court therefore upheld both:
- The visa requirement for certain family members residing abroad.
- Other eligibility conditions established under the new residence regime.
Mandatory Electronic Communication Requirement Annulled
Finally, the Supreme Court annulled the provision requiring certain foreign nationals to communicate exclusively through electronic means when dealing with the Spanish Administration.
The Court concluded that the Regulation did not demonstrate that all affected individuals had the necessary resources or digital skills to comply with mandatory electronic procedures.
What Does This Mean?
Overall, the Supreme Court has upheld the majority of Spain’s new Immigration Regulation while requiring the Government to amend several provisions that were found to be inconsistent with Spanish law.
The ruling introduces important changes by:
- Strengthening legal protections for foreign minors.
- Eliminating automatic residence permit refusals based solely on criminal records.
- Requiring immigration authorities to assess criminal record cases individually.
- Recognizing certain child protection and guardianship measures established abroad.
- Removing mandatory electronic-only communication with public authorities.
At the same time, the Court confirmed that applicants with pending asylum claims cannot apply for arraigo simultaneously and that the time spent in Spain while awaiting an asylum decision does not count toward the residence period required for certain forms of arraigo.
Stay Ahead of Changes to Spanish Immigration Law
Changes to Spain’s immigration legislation and court rulings can directly impact eligibility requirements, application procedures, and residence rights. Receiving accurate legal advice before submitting an application can help prevent delays, unnecessary complications, and costly mistakes.
At Marfour International Law Firm, our immigration lawyers stay up to date with the latest legal developments to provide clear, practical advice tailored to your circumstances. Whether you are applying for a residence permit, family reunification, arraigo, or another immigration process, our team is here to guide you every step of the way.
Schedule a consultation with our immigration lawyers to receive personalized legal guidance based on the most current Spanish immigration regulations.
