Key data
| Regulation | Judgment of 8 July 2026, Third Chamber of the Supreme Court (case 19/2025), with Rectification Order of 1 September 2026 |
|---|---|
| Challenged norm | Royal Decree 1155/2024, of 19 November (Immigration Regulations) |
| Publication in BOE | 22 September 2026 |
| Entry into force | 22 September 2026 |
| Affected parties | Foreigners in Spain, families in family reunification, immigrant minors and temporary work agencies (ETT) |
| Category | Regulatory Changes |
| Year | 2026 |
Several articles of the current Immigration Regulations become void from 22 September 2026. The Third Chamber of the Supreme Court, in its judgment of 8 July 2026 (administrative litigation case 19/2025), partially upholds the appeal filed by the Coordinating Association of Neighborhoods for the Monitoring of Minors and Young People, the Association for Human Rights of Spain and Immigration Specialists Network against the Royal Decree 1155/2024, of 19 November.
The annulment is not total: the appeal is partially upheld, which means that the Regulations remain in force in all respects not annulled. However, the suppressed provisions affect very common procedures: temporary work authorizations, family reunification and protection of minors.
What does this ruling establish?
The judgment specifically annuls the following provisions of RD 1155/2024. Each one responds to a violation of fundamental rights or higher-ranking norms:
| Annulled provision | What it prohibited or required | Reason for annulment |
|---|---|---|
| Prohibition on temporary work agencies from managing temporary work authorizations | Prevented temporary work companies from processing authorizations for their assigned workers | Violates rights of temporary work agencies and their workers |
| Requirement that family relationships be established in accordance with Spanish law | Required that family ties (marriage, filiation) be valid under Spanish law | Disproportionate restriction on family reunification |
| Proof of economic dependence of ascendants only in country of origin | Required demonstrating that ascendants were economically dependent on the reunifying party only from the country of origin | Restriction contrary to fundamental rights |
| Automatic denial for criminal records for citizens with rights derived from art. 20 TFEU | Applied denial without individualized assessment of the case | Violates the principle of proportionality and art. 20 of the Treaty on the Functioning of the EU |
| Requirement that minor children be "single" | Conditioned family reunification of minor children to their marital status | Illegitimate restriction for minors |
| Requirement that minor children had not been absent from Spain since birth | Penalized any departure from Spanish territory by the minor since birth | Disproportionate restriction contrary to children's rights |
| General obligation of electronic processing | Imposed electronic means as the only channel for all immigration procedures | Violates the right of access to administration for those without digital means |
Additionally, the judgment reinforces immediate care for minors of uncertain age as an imperative obligation, not as a discretionary power of the Administration.
Economic and operational impact
For temporary work agencies (ETT), the annulment of the prohibition on managing temporary work authorizations means recovering an operational capacity that RD 1155/2024 had taken away. Temporary work agencies will be able to resume processing these authorizations for workers they assign to user companies, which reduces management costs and speeds up the incorporation of foreign workers.
For families in family reunification process, the elimination of illegal requirements (minor's marital status, absences from territory, economic dependence only from origin, constitution of ties in accordance with Spanish law) opens the door to revisiting applications denied or blocked under those criteria.
The suppression of mandatory electronic processing means that the Administration must maintain alternative channels or paper-based procedures for those who cannot operate digitally, which affects resource planning in immigration offices.
The elimination of automatic denial for criminal records for citizens with rights derived from article 20 of the Treaty on the Functioning of the EU requires the Administration to conduct an individualized assessment of each case, which may extend resolution periods but also open previously closed avenues.
Who does it affect?
- Temporary work agencies (ETT): recover management of temporary work authorizations for foreign assigned workers.
- Foreigners in family reunification process: illegal requirements on marital status of minor children, absences from territory and proof of economic dependence are eliminated.
- Families with ascendants in their care: no longer required to prove economic dependence exclusively from country of origin.
- EU citizens and family members with rights under art. 20 TFEU: cannot be automatically denied for criminal records; the Administration must assess each case individually.
- Foreign minors of uncertain age: immediate care becomes an imperative obligation for the Administration.
- People without digital access: electronic processing ceases to be mandatory for all immigration procedures.
- Lawyers, management firms and immigration advisors: must review ongoing cases and adapt procedural strategies to the annulled provisions.
Practical example
A temporary work agency based in Madrid that manages foreign workers for logistics sector companies had seen its capacity to process temporary work authorizations blocked since the entry into force of RD 1155/2024. After the publication of this judgment on 22 September 2026, the temporary work agency can resume that management directly, without needing to refer the procedure to the user company or external manager.
In parallel, a Moroccan family with a family reunification application denied because minor children had traveled to Morocco on vacation (which the annulled regulation interpreted as "absence since birth") can now request review of that denial, since the provision that supported it has been annulled by the Supreme Court.
What should companies do now?
- Temporary work agencies: Review internal procedures for managing temporary work authorizations and reactivate workflows that had been halted by the annulled prohibition.
- HR departments with foreign workers: Verify if any work authorization was denied or not processed due to temporary work agency involvement and assess whether reopening the file is appropriate.
- Immigration advisors and lawyers: Identify family reunification applications denied under the annulled provisions (minor's marital status, absences from territory, economic dependence only from origin, ties not established in accordance with Spanish law) and assess the filing of appeals or new applications.
- Companies with workers with rights under art. 20 TFEU: If any application was automatically denied for criminal records without individualized assessment, consult with legal advisor on the viability of appeal.
- Entities serving foreign minors: Apply immediate care as an imperative obligation, not as a discretionary criterion, for any minor of uncertain age.
- All affected parties: Preserve documentation of applications processed under the annulled provisions. The judgment has effects from 22 September 2026 but may support appeals on earlier resolutions.
Frequently asked questions
Can temporary work agencies resume managing temporary work authorizations now?
Yes. The Supreme Court judgment published on 22 September 2026 annuls the provision of RD 1155/2024 that prohibited temporary work agencies from managing temporary work authorizations. The effect is immediate from that date.
What if my family reunification application was denied for the now-annulled requirements?
If the denial was based on any of the annulled provisions (minor's marital status, absences from territory since birth, economic dependence proven only from country of origin, or family ties not established in accordance with Spanish law), there is legal basis to file an appeal or submit a new application. Consult with a lawyer specializing in immigration law.
Does electronic processing in immigration cease to be mandatory for everyone?
Yes. The Supreme Court annuls the general obligation of electronic processing of RD 1155/2024. The Administration must maintain alternative channels (in-person or paper-based) for those who cannot operate digitally.
What does it mean that automatic denial for criminal records is annulled for citizens with rights under art. 20 TFEU?
That the Administration can no longer automatically deny an application merely because the interested party has criminal records. It must conduct an individualized assessment of the case, weighing the severity, age and personal circumstances, as required by the Treaty on the Functioning of the EU.
When did the annulment of these provisions enter into force?
The judgment was published in the BOE on 22 September 2026, the date from which the annulled provisions cease to have effect. The Rectification Order is dated 1 September 2026.
Official source
Consult complete regulations in official source
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-19632
