Spain's Supreme Court Partially Annuls 2024 Immigration Regulation: Temporary Work Agencies Regain Access, Family Rules Eased
Updated: 10 hours ago
MADRID, September 23, 2026 — Spain's Official State Gazette (BOE) published a landmark Supreme Court judgment on September 22 that partially annuls Royal Decree 1155/2024, the regulation underpinning the country's Immigration Act, striking down nine provisions that the court found breached constitutional, EU, and international law .
The ruling, handed down on 8 July 2026 (Judgment 868/2026, Case 19/2025), resolves a direct challenge brought by civil-society organisations including the Asociación Coordinadora de Barrios, the Asociación Pro Derechos Humanos de España, and Extranjeristas en Red .
The annulled provisions are void from the outset, meaning immigration offices and consulates must immediately stop applying them .
The Nine Annulled Provisions
1. Temporary Work Agencies (ETTs) Regain Access to Seasonal Hiring
The court annulled Article 101.1, third paragraph, which prohibited temporary employment agencies from holding residence and work authorisations for seasonal activities, or from being authorised for employer changes or contract chaining .
The court found the government introduced this limitation without sufficient legal basis and failed to justify the public-interest reasons behind it. Neither the Temporary Work Agencies Act nor the Workers' Statute contains such a prohibition, and EU Directive 2008/104/CE does not support it .
Practical impact: Companies can once again use ETTs to place non-EU workers on short-term assignments — common in manufacturing, logistics, and IT projects — a practice that became legally risky after the 2024 regulation took effect .
The ruling surprised the ETT sector itself. Asempleo president Andreu Cruañas noted: "Nobody appealed the Royal Decree over the prohibition on ETTs. We made noise, but we didn't join the appeal. The court reviewed the regulation and saw it clearly" .
2. Foreign Guardianships and Kafala Now Recognised
The court annulled the clause in Article 94.1.f) requiring that guardianship or protection relationships be "constituted under Spanish law" .
This automatically excluded valid foreign arrangements such as kafala, the care arrangement used in many Islamic-law countries. The court held this breaches the 1996 Hague Child Protection Convention: authorities may still review each case, but they can no longer reject foreign guardianships across the board .
3. Dependent Parents Already Living in Spain
Article 196.b) required that a parent's financial dependence be proven "in the country of origin," making it impossible to document dependence when the parent was already in Spain — for example, after their child became a Spanish citizen .
That restriction is annulled. Dependence can now be established in Spain, though it must still be demonstrated as real .
4. No More Automatic Refusals for Criminal Records
Articles 97.4 and 98.1 allowed automatic refusal of residence permits for family members of Spanish citizens based solely on the existence of a criminal record .
Where refusing the permit would force a Spanish citizen — a dependent child or spouse — to leave the European Union, EU law requires an individual assessment: the seriousness of the offence, time elapsed, conduct, family situation, and the best interests of children .
5. Married Minor Children Protected
The requirement that a minor child be "single" (Articles 159.1 and 160.1) excluded married minors — including victims of forced marriage — from documentation and family reunification. The court found this disproportionate and contrary to the child's best interests .
6. Children Born in Spain Who Travelled Abroad
Article 159.1 stripped children born in Spain of the simplified documentation route if they had ever left the country, even for a justified short trip. That clause is annulled. Authorities may still verify effective habitual residence, but absences must be assessed on their merits .
7. Unaccompanied Minors of Uncertain Age
Article 166.1 contained the phrase "where applicable" ("en su caso"), which made immediate care of apparent minors conditional on regional protocols. The court was blunt: immediate care by regional child-protection services is mandatory and unconditional from the moment police report the minor .
8. Online-Only Applications Annulled
Article 197.2, in its entirety, required electronic filing for seven types of application — including study-permit extensions, non-lucrative renewals, initial employed-work permits, and seasonal-work authorisations .
The court annulled the provision: nothing showed that affected people, from seasonal farm workers to retirees, actually have access to electronic means. The government may impose electronic filing in future, but only with proper justification and proportionality .
Industry and Legal Reaction
The ETT sector welcomed the ruling. Asempleo's Cruañas described the prohibition as having "an ideological, political component" and argued it produced "the opposite effect to the one desired, because market needs were sometimes met irregularly" .
Randstad's Luis PĂ©rez said the exclusion "went against European directives" and had "a strange argument that didn't identify us as employers" .
What Remains in Force
The court upheld the general structure of the 2024 regulation and dismissed most other challenges . Key provisions that remain valid include:
New restrictions on arraigo for asylum seekers: Applicants for international protection cannot simultaneously access arraigo authorisations while their asylum claim is pending, and time spent as an asylum seeker cannot count toward arraigo periods
The new regime for family members of Spanish citizens, including visa requirements for some relatives abroad
Most documentary and procedural requirements not specifically annulled
Next Steps
The Interior Ministry must now issue implementing instructions, but the judgment is enforceable immediately . Immigration lawyers note that pending applications rejected solely on ETT grounds can now be re-opened .
HR teams should:
Review open files for affected employees
Consider re-filing where beneficial
Monitor for updated application forms, expected within 30 days
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