A million migrants waiting for legal status in Spain face fresh uncertainty after Supreme Court move

For hundreds of thousands of people who have spent years building a life in Spain without legal residency, hopes of finally securing legal status have suddenly become far less certain.  The government plan expected to offer a pathway to residency for as many as one million undocumented migrants has hit a new legal hurdle, leaving many applicants wondering whether they will have to wait even longer.

No final decision has been taken, and the regularisation process has not been cancelled. But Spain’s Supreme Court is now considering whether key parts of the government’s proposal should first be examined by the Court of Justice of the European Union (CJEU), a step that could significantly delay the process.

Why Spain’s regularisation plan is facing fresh questions

The legal uncertainty centres on a royal decree approved by the Spanish government that would allow large numbers of undocumented migrants to apply for temporary residence permits if they meet certain conditions.

The Supreme Court has not ruled that the plan is unlawful. Instead, it is asking whether several aspects of the scheme could conflict with European Union migration rules.

Before deciding its next step, the court has given the parties involved just a few days to submit their arguments on whether the questions should be referred to the EU’s highest court for interpretation.

Only after considering those submissions will the Supreme Court decide whether to seek guidance from Luxembourg.

If it does, the case could remain on hold until European judges issue their interpretation of the relevant EU legislation.

What this could mean for people hoping to stay in Spain

For those hoping the regularisation would finally bring stability after years of uncertainty, the latest development is likely to be deeply unsettling.

The government’s proposal has been widely seen as one of the most significant attempts in recent years to address the situation of migrants living in Spain without legal status. Estimates suggest the measures could potentially affect between 900,000 and 1.65 million people, although eligibility would depend on individual circumstances.

For many, legal residency would mean far more than obtaining official documents.

It could make it easier to work legally, sign employment contracts, rent accommodation, access services and plan for the future without the constant fear that their immigration status could prevent them from moving forward with their lives.

If the legal process is delayed, those expectations may also have to wait.

At this stage, however, nothing has changed for applicants. The court has not suspended the government’s plans, nor has it ruled against them. The current uncertainty stems solely from the possibility that European judges could be asked to clarify whether parts of the Spanish legislation are fully compatible with EU law.

Why the EU court could become involved

The Supreme Court’s concerns focus on whether Spain can introduce such a broad regularisation scheme without conflicting with European migration legislation.

Among the issues being examined are whether temporary residence can be granted under the proposed rules, how the measures fit with existing EU return procedures, and whether a member state can introduce reforms of this scale without wider coordination at European level.

These are legal questions that only the Court of Justice of the European Union can definitively interpret.

The Spanish government, however, insists it remains confident that the legislation complies with European law.

Officials from the Ministry of Inclusion, Social Security and Migration have said the decree was drafted with EU rules firmly in mind. They have also stressed that the residence and work permits created under the scheme would be valid only in Spain, rejecting suggestions that they would automatically allow beneficiaries to settle elsewhere in Europe.

Government lawyers are now preparing their response to the Supreme Court’s concerns before the court decides whether to refer the case to Luxembourg.

That uncertainty may prove the hardest part for the many people who believed they were finally approaching the end of a long wait for legal status in Spain.