Spain lifts ban on temp agencies hiring foreign seasonal workers

Spain's Supreme Court has partially granted an appeal against Royal Decree 1155/2024, annulling several restrictive measures in the country's new immigration regulations while upholding the law's general framework. The ruling dictates standard migration and residency policy. It arrives just two weeks after the deadline for a mass regularisation drive that saw over a million undocumented migrants apply for legal status in Spain.

The most consequential change for the Spanish economy is the overturning of a ban on temporary employment agencies hiring foreign workers for seasonal jobs. The court stated the government introduced this limitation without sufficient legal basis or adequate justification. This ruling removes a significant barrier for sectors like agriculture and hospitality that rely heavily on seasonal foreign labour to operate.

Businesses will also see the eligible workforce expand following the annulment of rules that automatically denied residency permits based solely on a criminal record. Authorities can no longer reject these applications out of hand. Instead, they must evaluate each case individually, weighing the severity of the offence, how long ago it occurred, and the applicant's family circumstances.

The ruling also introduced stricter obligations regarding the protection of foreign minors. Public authorities are now legally required to provide immediate aid to unaccompanied foreign children. Furthermore, the court struck down restrictions that barred residence permits for minors simply because they were married, a measure designed to protect victims of forced marriages or other vulnerable situations.

Spain is also now obligated to recognise child protection measures and guardianships established by authorities in other countries, provided international conventions are in place. Previously, these relationships had to be established in strict accordance with Spanish law.

However, the court upheld the government's decision to prevent asylum seekers from applying for standard residency permits while their international protection applications are pending. It confirmed that time spent in Spain as an asylum seeker cannot be counted towards the residency requirement.

The judges also endorsed new residency rules for family members of Spanish citizens, ruling there is no obligation to equate this system with the more favourable rules applied to families of EU citizens exercising freedom of movement. Visas remain mandatory for certain foreign relatives.

Lastly, the court annulled a general obligation for certain foreigners to communicate with authorities exclusively via electronic means. The judges noted that not everyone possesses the necessary resources and digital capabilities to manage online procedures.