The Supreme Court has annulled several provisions of the new Immigration Regulation approved at the end of 2024. The ruling strengthens protections for minors and families while upholding the general structure of the law.
The Contentious-Administrative Chamber partially upholds the appeal filed by several associations and eliminates the automatic denial of residence permits for family members of naturalized persons based solely on criminal records.
The court requires an individualized assessment in each case, weighing the seriousness of the offense, time elapsed and the best interests of minor children. The ruling also annuls restrictions that blocked access to authorizations merely because a minor was married.
It further declares illegal the easing of the immediate care obligation for unaccompanied foreign minors and the requirement that guardianships be constituted only under Spanish law. The Supreme Court confirms, however, the restrictions on settlement permits for international protection applicants.
