The Supreme Court annuls several articles of the Immigration Regulation
The BOE publishes the Supreme Court judgment of 8 July 2026 (no. 868/2026), corrected by order of 1 September. It annuls art. 197.2 in full, which required seven types of application to be submitted online. It also annuls a requirement for fathers, mothers and guardians of children: that this relationship be established under Spanish law (arts. 94.1.f and 160.2). And it annuls automatic refusal for a criminal record, without assessing each case, in the cases under art. 20 of the Treaty on the Functioning of the European Union (arts. 97.4 and 98.1). Other passages are also annulled: on children (arts. 159, 160 and 166), dependent parents and grandparents (art. 196) and temporary work agencies in seasonal activities (art. 101).
- Who it affects
- People who submit their applications themselves, family members of Spanish nationals and families with children.
- What to do
- If you were applying online only because it was compulsory, you can now also apply in person, on paper. Anyone practising a profession with compulsory registration in a professional association must still use the electronic route. If you are a family member of a Spanish national, go through your case calmly: outside those cases, a criminal record can still be grounds for refusal.