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Spain's Supreme Court strikes down several parts of the Immigration Regulation (RD 1155/2024), but upholds its overall structure

Reviewed against the official source: 15.07.2026

In short: Spain's Supreme Court (Administrative Chamber) issued a ruling, announced on 13 July 2026, that strikes down several specific articles of the Immigration Regulation approved by Royal Decree 1155/2024, of 19 November — following a challenge filed by migrant-rights organisations — while upholding the regulation's overall structure.

What the Supreme Court struck down:

  • Minors: annuls the restriction that blocked access to residence authorisations linked to a minor's prior marriage, calling it "contrary to the best interests of the child"; also annuls restrictions tied to justified departures from Spain by minors born in Spain, and declares illegal the rule that softened public authorities' duty to provide immediate care to unaccompanied foreign minors. It also strikes the requirement that guardianships established abroad had to comply with Spanish law.
  • Criminal records: annuls automatic denials of authorisations based on criminal records; authorities must now carry out an individualised assessment of each case, particularly when protected family rights are at stake.
  • Temporary work agencies (ETTs): annuls the ban on their participation in hiring seasonal foreign workers, for lacking "sufficient legal basis".
  • Electronic filing: declares illegal the requirement to deal with the administration exclusively through electronic means, without proving that all affected people have the capacity to do so.

What the Supreme Court upheld: it confirms the new restrictions on arraigo for international-protection (asylum) applicants, the new regime for family members of Spanish nationals, and the visa requirement for certain family members. The press release consulted does not identify a specific case/judgment number.

What does this mean in practice? The Immigration Regulation (RD 1155/2024) remains in force as a whole; only the annulled points above lose effect, once the ruling becomes final and its enforcement is published. This does not create a new procedure for anyone: it is a judicial correction of an existing rule. If your application was rejected over criminal records without an individualised assessment, or because you were required to use only electronic means, this may be relevant to your case — check with a professional.

Official source: Supreme Court press release (CGPJ), 13 July 2026.

Informational only; check the official source and a professional for your specific case.

Official source: poderjudicial.es

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