Spain's Supreme Court upholds new immigration rules while striking key provisions

Spain's Supreme Court (Tribunal Supremo) has confirmed the overall validity of the 2024 immigration regulation, but it annulled several restrictive precepts. The Court removed the automatic denial of residence authorisations for foreigners with criminal records, requiring a case‑by‑case assessment that weighs the seriousness of the offence, time elapsed, family situation and the interests of minor children.

It also struck rules that barred minors from obtaining residence permits simply because they were married, and those that limited the rights of minors born in Spain who had justified trips abroad. The ruling declared illegal a provision that weakened the obligation to provide immediate care to unaccompanied foreign minors, and affirmed Spain’s duty to recognise protection measures for minors established by other states under international conventions.

The Court upheld the government’s restriction that asylum‑seekers cannot simultaneously apply for "arraigo" permits while their asylum claim is pending, and confirmed that time spent in Spain as an asylum applicant does not count toward the residence period required for certain "arraigo" categories. It also removed a ban on temporary‑work agencies hiring foreign seasonal workers. The decision reshapes the legal framework governing family reunification, protection of vulnerable migrants and the integration of foreign workers in Spain.