The Supreme Court Revises Spain’s Immigration Regulation: Key Implications for Businesses and International Mobility

The Spanish Supreme Court has introduced significant amendments to the Immigration Regulation approved by Royal Decree 1155/2024. Judgment 868/2026 of 8 July partially upholds the appeal filed against the regulation and declares certain provisions and sections null and void. The ruling was published in the Official State Gazette (BOE) on 22 September 2026, together with the rectification order issued on 1 September.

Although the decision affects several matters relating to minors, family and residence status, some of its conclusions are particularly relevant for companies hiring foreign workers or managing international mobility processes.

Temporary Employment Agencies may hold authorisations for seasonal activities

One of the most significant decisions for businesses concerns Temporary Employment Agencies (ETTs).

The Supreme Court has annulled the third paragraph of Article 101.1 of the Regulation insofar as it prevented Temporary Employment Agencies from holding residence and work permits for seasonal activities, as well as from being authorised in certain cases involving changes of employer or successive contracts.

As a result of this ruling, that regulatory prohibition no longer applies. Consequently, Temporary Employment Agencies may once again operate in this area within the legal framework governing the hiring of foreign workers for seasonal activities.

The practical implications are particularly relevant for sectors that rely on seasonal campaigns and international recruitment, as it broadens the possibilities for structuring these processes through Temporary Employment Agencies, provided that all other immigration and labour law requirements are met.

 

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The general obligation to communicate electronically with the Administration is removed

Another amendment with practical implications for case management is the complete annulment of Article 197.2 of the Immigration Regulation.

This provision established a general obligation to communicate electronically in certain immigration procedures. The Supreme Court considers that such an obligation must be sufficiently justified and comply with the principle of proportionality established under administrative procedure legislation.

The annulment does not mean that electronic processing disappears from immigration procedures. The Court itself notes that the regulatory authority may impose electronic communication requirements for specific categories of procedures, provided there is a legal basis and the requirements of justification and proportionality are met.

For companies and professionals managing foreign worker applications, this distinction is important because it differentiates between the possibility of using electronic means and the imposition of an exclusively electronic relationship as a general requirement.

Criminal records can no longer lead to automatic refusals in certain cases

The judgment also annuls certain sections of Articles 97.4 and 98.1 that allowed the automatic refusal of specific authorisations based on the existence of criminal records without an individual assessment in cases covered by Article 20 of the Treaty on the Functioning of the European Union.

Following this declaration of nullity, the existence of criminal records can no longer be treated as an automatic ground for refusal without considering the specific circumstances of each case.

This clarification may be particularly relevant in the management of international mobility and residence applications linked to family relationships, although the ruling should not be interpreted as a general removal of criminal record requirements across all immigration procedures.

Certain rules concerning family members and minors are also amended

The ruling also affects various provisions relating to family members of both foreign nationals and Spanish citizens.

Among other decisions, the Supreme Court removes the requirement that certain protective or family relationships must have been established under Spanish law and modifies the rules governing the financial dependency of certain ascendants already residing in Spain. It also annuls specific references requiring minors to remain continuously in Spanish territory from birth.

In this regard, the rectification order of 1 September 2026 clarifies that what matters is whether the minor has maintained habitual and effective residence in Spain. Temporary and justified absences do not, in themselves, result in the application of a different legal regime.

Although these issues do not directly affect business recruitment, they may be relevant when a company manages the international mobility of employees and their families, particularly in relocation processes involving foreign staff moving to Spain.

Does the ruling amount to a complete reform of the Immigration Regulation?

No. The Supreme Court maintains the overall structure of the Immigration Regulation and only declares specific provisions and sections null and void. The current consolidated version of the Regulation already incorporates these judicial decisions.

In addition, some of the issues analysed had already been amended by Royal Decree 316/2026 of 14 April, as was the case with the fifth transitional provision concerning social integration permits (arraigo).

Therefore, the ruling should be understood as a correction of certain aspects of the Regulation, rather than a new comprehensive reform of Spain’s immigration framework.

What should companies review?

For companies hiring foreign workers, managing seasonal recruitment or relocating professionals to Spain, the ruling makes it advisable to review the following areas:

• Seasonal hiring: assess whether the involvement of a Temporary Employment Agency fits within the structure of the recruitment project.
• Ongoing cases: review procedures affected by the annulment of Article 197.2 and the communication channel required in each case.
• International mobility: update internal criteria used to assess residence and work permits following the changes introduced by the judgments.
• Family members of relocated employees: individually analyse family situations that may be affected by the amendments to Articles 94, 159, 160 and 196.
• Documentation and internal procedures: keep templates, checklists and protocols used by Human Resources and International Mobility teams up to date.

The key takeaway for companies is that it is no longer sufficient to rely on the original version of the Immigration Regulation. Following recent legislative changes and Supreme Court rulings, recruitment and mobility processes must be assessed according to the regulations currently in force.

A ruling that requires international mobility processes to be updated

Judgment 868/2026 introduces important changes to certain areas of the Immigration Regulation, particularly in relation to seasonal recruitment and administrative procedures. At the same time, it confirms that Royal Decree 1155/2024 remains the general legal framework in force, subject to the corresponding annulments and amendments.

For businesses, the challenge is not only understanding which provisions have been annulled, but also translating these changes into the management of foreign workers, international recruitment and global mobility processes, avoiding the application of requirements that are no longer enforceable or procedures based on provisions that have been modified.

If you need support, at Adlanter we help companies manage their international mobility and immigration processes.