The new Immigration Regulations, approved by Royal Decree 1155/2024, introduced significant changes to residence, employment, and family reunification procedures in Spain. They entered into force on May 20, 2025.
In 2026, the Supreme Court declared certain provisions and sections of the Regulations null and void, following several appeals filed against Royal Decree 1155/2024.
The decision affects issues such as the residence of certain foreign minors, some requirements applicable to family members, the assessment of criminal records, and electronic interaction with the Administration. However, it is important to clarify from the outset that the Supreme Court has not annulled the Immigration Regulations in their entirety. The remaining provisions continue to be in force.
What has the Supreme Court decided regarding the new Immigration Regulations?
Supreme Court Judgment 868/2026, dated July 8, partially resolved a contentious-administrative appeal filed against Royal Decree 1155/2024.
The Court declared null and void certain provisions relating, among other matters, to the residence of minors, certain requirements for family members, criminal records, and electronic interaction with the Administration. It also annulled the prohibition preventing temporary employment agencies from holding certain residence and work authorizations for seasonal activities.
Subsequently, another Supreme Court judgment dated July 29, 2026, reaffirmed the annulment of Article 197.2 concerning the general obligation to interact electronically in certain immigration proceedings.
The key point is that the Supreme Court has not rendered Royal Decree 1155/2024 entirely ineffective. The remaining provisions continue to form part of the applicable legal framework.
Which aspects of the Immigration Regulations have been annulled by the Supreme Court?
Protection and residence of foreign minors
The judgment affects certain requirements relating to foreign minors born in Spain.
Among other matters, the references requiring certain parents to be “single” have been annulled, as has the provision preventing the relevant regime from applying when the minor had been absent from Spain since birth.
However, the September 2026 rectification order clarifies that the Administration may assess whether the minor has maintained their habitual and effective residence in Spain, taking temporary and justified absences into account. Therefore, the judgment does not mean that every absence will automatically have the same consequences.
A further issue relating to the immediate care of certain minors of uncertain age has also been clarified. The words “where applicable” have been removed from Article 166.1, establishing that such care is mandatory from the moment the minor’s location is reported.
Family reunification and residence of family members
The Supreme Court has also removed certain requirements relating to family relationships.
Specifically, the provision in Article 94.1.f requiring certain relationships to have been established in accordance with Spanish law has been declared null and void. An equivalent requirement contained in Article 160.2 has also been annulled.
Another change concerns the financial dependency of certain ascendants. Article 196.b) can no longer require that such dependency necessarily arise in the country of origin or provenance when the ascendant is already in Spain and can demonstrate that dependency.
These changes may be relevant to international families assessing their residence options in Spain for foreign nationals.
Criminal records
The judgment also affects the regulation of criminal records in certain proceedings.
The Supreme Court has annulled the sections of Articles 97.4 and 98.1 that established automatic refusal based on criminal records, without individualized assessment, in cases falling under Article 20 of the Treaty on the Functioning of the European Union.
This does not mean that criminal records are no longer relevant in immigration matters. It means that, in the situations affected by the judgment, they cannot automatically result in a refusal without the appropriate individual assessment.
Electronic interaction with the Administration
The Supreme Court has declared Article 197.2 of the Regulations null and void in its entirety. This provision established an obligation for certain individuals to interact electronically with the Administration in immigration proceedings.
The second judgment, issued on July 29, 2026, confirms this annulment. At the same time, it clarifies that the Government may establish an obligation to interact electronically for certain categories of proceedings in the future, provided that there is sufficient justification and the principle of proportionality is respected.
Which parts of the Immigration Regulations remain in force?
Royal Decree 1155/2024 remains in force. The consolidated version currently published in the Official State Gazette (BOE) incorporates the amendments introduced by Royal Decree 316/2026 and the declarations of nullity issued by the Supreme Court.
This means that the various residence and work authorizations, family reunification procedures, and other immigration pathways regulated by the Regulations remain part of the applicable legal framework.
The judgment also does not eliminate the general requirements for obtaining residence in Spain as a foreign national. Instead, it removes certain specific requirements or interpretations that the Supreme Court has found to be contrary to the legal system.
What happens to the regime for family members of Spanish citizens?
The judgment affects certain requirements relating to family members, but it does not eliminate the residence regime for family members of Spanish citizens.
Therefore, individuals who have a spouse, partner, ascendant, descendant, or another family member who is a Spanish citizen must continue to determine which legal regime applies to their situation and which requirements must be met.
The changes introduced by the Supreme Court may be relevant in certain cases, particularly when an application depends on one of the requirements that has been annulled. However, this does not mean that the situation of all family members of Spanish citizens has changed.
What happens to arraigo and asylum applicants?
The Supreme Court’s judgment does not mean the disappearance of the different forms of arraigo, nor does it generally modify the residence pathways available to people who have applied for international protection.
In addition, part of the Regulations had already been amended by Royal Decree 316/2026, which, among other measures, repealed the fifth transitional provision of Royal Decree 1155/2024 and amended other provisions.
Therefore, individuals who have applied for asylum, whose application has been denied, or who are considering an arraigo pathway must assess their situation in accordance with the regulations in force and the specific date of their proceedings.
It would not be correct to interpret the judgment as automatically creating new residence pathways for all applicants for international protection.
How may these changes affect people who want to reside in Spain?
The practical impact of the judgment will depend on each person’s profile. The changes directly affect certain procedures, but not every foreign national wishing to move to Spain is in a situation affected by the ruling.
People who want to move their residence to Spain
For someone who is still planning their move, the judgment is only one of the factors that should be taken into consideration.
Spain offers different residence pathways, and the appropriate option depends on factors such as professional activity, financial resources, nationality, family ties, and personal plans.
Therefore, before starting a procedure, it is advisable to determine which authorization actually fits the applicant’s profile rather than choosing a pathway simply because it has recently undergone changes.
Highly skilled professionals and workers
Highly skilled professionals may qualify for specific residence and work pathways when they meet the applicable requirements.
The Supreme Court’s judgment does not eliminate these pathways. For a professional considering moving to Spain, it will be more relevant to assess their employment situation, qualifications, the company they will work for, and the characteristics of the activity they will carry out.
The changes introduced by the judgment may be relevant if the specific application falls within one of the annulled provisions, but they do not generally modify all the requirements applicable to foreign professionals.
Digital nomads
Digital nomads have a specific residence regime for certain professionals who work remotely.
The judgment concerning the Immigration Regulations does not generally modify the specific regime applicable to these professionals. Therefore, someone working remotely for international companies or clients should primarily assess whether they meet the requirements of this pathway and which application procedure applies.
The current status of the Regulations does not mean that all judicial changes have a direct effect on digital nomad visas.
Entrepreneurs and investors
Entrepreneurs and investors must also distinguish between the specific changes introduced by the judgment and the different immigration options available.
The strategy may vary considerably depending on whether the individual intends to create or acquire a company, carry out professional activities, invest, relocate an existing business, or establish their tax and personal residence in Spain.
In these cases, immigration planning may also need to be coordinated with corporate, tax, and wealth-related matters.
Family members of Spanish citizens
Family members of Spanish citizens are one of the groups for whom the judgment may be particularly relevant, since some of the annulled provisions affect requirements relating to certain family relationships and the financial dependency of ascendants.
However, not all family applications are affected.
The practical relevance will depend on the type of relationship, where the family member is located, how the relationship was established, and which authorization is being sought.
Do I need to review my immigration strategy following these changes?
Not all foreign nationals need to change their immigration strategy because of the Supreme Court judgments.
The main question is whether any of the annulled provisions actually affects their situation. For those preparing to move to Spain, it may even be more important to choose the correct residence pathway from the outset.
The appropriate option may depend on family circumstances, professional activity, income level, assets, nationality, and medium- and long-term objectives.
A well-planned immigration strategy makes it possible to assess not only how to obtain a residence authorization, but also how that decision fits into the applicant’s professional, family, and financial plans.
Frequently Asked Questions About the New Immigration Regulations
Has the Supreme Court annulled the new Immigration Regulations?
No. The Supreme Court has declared certain articles and sections null and void, but has rejected the remaining claims seeking annulment. Royal Decree 1155/2024 remains in force, subject to the corresponding amendments and annulments.
What changes does the judgment introduce?
Among other matters, it affects certain requirements relating to foreign minors, family members, criminal records, and electronic interaction with the Administration. It has also declared null and void the paragraph preventing temporary employment agencies from holding certain residence and work authorizations for seasonal activities.
Is Royal Decree 1155/2024 still in force?
Yes. It remains the applicable Immigration Regulations, although its provisions must be interpreted taking into account the regulatory amendments and the declarations of nullity issued by the Supreme Court.
How does this affect family members of Spanish citizens?
It may affect certain situations involving family relationships and the financial dependency of ascendants, but it does not automatically change the situation of all family members of Spanish citizens. Each case must be assessed individually.
How does this affect residence applications?
If an application is based on one of the requirements that has been annulled, the judgment may be relevant to its assessment. In other proceedings, the requirements applicable to each type of authorization remain in force.
Do the changes affect digital nomads?
There is no general modification of the digital nomad regime as a result of these judgments. Applicants must continue to assess the specific requirements applicable to this pathway.
What should people preparing to obtain residence in Spain do?
The recommended approach is to first determine which residence pathway is appropriate and verify the requirements in force at the time the application is submitted.
The Supreme Court judgment is relevant, but it does not replace an individualized assessment of each person’s immigration situation.
The Supreme Court judgments concerning the new Immigration Regulations introduce significant changes, but they do not constitute a complete annulment of Royal Decree 1155/2024.
The general immigration framework remains in force, while certain specific requirements have been removed or must be interpreted in accordance with the criteria established by the Court.
For people who want to establish themselves in Spain, the most important question is not simply knowing what has changed in immigration law, but understanding how those changes interact with their personal, family, and professional circumstances.
At Asa Hutchinson Group, we advise individuals, families, professionals, entrepreneurs, and international investors on immigration, residence, and international mobility matters in Spain, coordinating, when necessary, the legal, tax, and wealth-management aspects of their plans.
If you are considering moving your residence to Spain or need to understand how these changes may affect your situation, contact our team of advisors to discuss your case and receive guidance on the most appropriate immigration pathway.