What the BOE publishes today
The regulation has applied since 20 May 2025 and governs residence and work for people from outside the EU and for family members of Spanish citizens. The rulings were handed down in July and the CGPJ reported on them on 13 July, but they take general effect only once printed in the BOE. We read the operative part as published in the BOE; the full reasoning sits in the CENDOJ database, which we could not access. Specific sentences and words are struck out; most of the regulation remains in force.
No more online-only filing for seven application types
Article 197.2 required electronic-only filing in seven cases: extensions of study stays, renewal of non-working residence, first residence and work permit as an employee, renewal for the self-employed, renewal with exemption from a work permit, seasonal work, and collective recruitment in the country of origin. The paragraph is void in its entirety. According to the CGPJ, the government had not sufficiently justified that everyone affected had the means and skills required. Article 197.1 now applies: applications are filed in person with the immigration office, either at the counter or electronically. The government may reintroduce an online duty, but only for specific categories, with justification and in proportion.
Children, guardianship and dependent parents
Children born in Spain to foreign residents (art. 159.1) and children not born here (art. 160.1) no longer have to be "unmarried". Until now, a child born in Spain lost the simplified route once it had left the country. That clause is struck out: what counts is habitual residence in Spain, and temporary, justified absences no longer disqualify on their own. The six-month deadline to apply remains, according to the correction order. For the parent or guardian of a Spanish child (art. 94.1.f) and for a minor under the guardianship of a foreign resident (art. 160.2), the relationship no longer has to have been established under Spanish law. And a dependent relative such as a parent can prove financial dependency even when already living in Spain (art. 196).
Criminal records and seasonal work
Articles 97.4 and 98.1 concern family members of Spaniards. For certain groups, any criminal record meant refusal. That automatic refusal without individual assessment is void in cases covered by article 20 of the Treaty on the Functioning of the EU, which protects EU citizenship. Exactly which cases those are is set out in the reasoning, not in the BOE. A record still counts, but the authority must weigh each case. In addition, temporary-work agencies (ETT) may again hold seasonal-work permits and be authorised in changes of employer or chains of contracts (art. 101.1).
Minors and the Canary Islands dispute
When police find an undocumented foreigner whose age is uncertain, they inform the regional child-protection services so that these provide immediate care "where appropriate" (art. 166.1). The "where appropriate" is struck out: the duty under article 35.3 of the Immigration Act applies, the ruling says, in an "imperative and unconditional" way from the moment police report the person. In the Canary Islands this falls to the regional government, which is in dispute with the Migration Ministry over who must carry out the initial screening after arrival and has announced court action (our report of 8 September). This ruling does not settle that dispute over competences; it concerns care after the police report. At the time of writing we found no reaction to today's publication from the Canary government, the ministry, CEAR or Cáritas.