The Supreme Court has declared null the article of the Immigration Law that terminated the temporary residence permit due to a 6-month absence from the national territory. This important step towards a fairer and more equitable immigration policy marks a significant milestone in recognizing the rights of migrants and promotes a more compassionate and inclusive vision of immigration.
The annulment of this discriminatory article is the result of rigorous legal analysis and extensive public debate on human rights and equal treatment. The Supreme Court has based its decision to nullify the article on principles of equality, proportionality, and respect for fundamental rights.
The now-nullified article was based on the premise that a 6-month absence automatically invalidated the right to reside in the country, without considering individual circumstances or the social and family ties that may exist. This measure particularly affected migrants who needed to travel to their countries of origin for personal or family reasons, such as caring for sick relatives, legal procedures, or urgent matters. It was argued that the automatic loss of residence permits due to a six-month absence violated the right to family unity and private life, as enshrined in both the Spanish Constitution and international human rights treaties.
The decision to nullify this article reflects a significant advancement in protecting the fundamental rights of migrants and sends a message of respect and dignity to all individuals, regardless of their nationality or immigration status. Moreover, it contributes to fostering stronger and more cohesive integration within receiving communities by recognizing the value of transnational family and community relationships.
It is important to note that this annulment does not signify an indiscriminate opening of borders but rather acknowledges that migration is a complex phenomenon and that immigration policies should be based on principles of justice, equality, and respect.
With this resolution, a clear message is sent regarding the importance of balancing security and immigration control with respect for the fundamental rights of all residents in the country. Additionally, it paves the way for promoting more inclusive and fair immigration policies in line with the principles of coexistence and mutual respect within Spanish society.
If you require further information on this matter, please do not hesitate to contact us via email at laboral@addwill.eu or by phone at +34 93 487 52 00. Alternatively, you can submit your inquiry through our contact form.