The Directorate General for Migration Management has published Official Guidance 1/2026, a key document clarifying how Article 128.3 of the new Immigration Regulation (Royal Decree 1155/2024) must be interpreted in cases involving temporary residence permits on humanitarian grounds due to a serious illness arising after arrival in Spain, when the affected person is a minor.
This official guidance expressly incorporates the doctrine recently established by the Spanish Supreme Court and has a direct impact on many foreign families in Spain who are in situations of particular vulnerability.
Below, you can access the full text of Official Guidance 1/2026 issued by the Directorate General for Migration Management:
⏺️ Context: serious illness arising in Spain and foreign minors
Article 128.3 of the Immigration Regulation allows for the granting of a temporary residence permit on humanitarian grounds to foreign nationals who suffer from a serious illness arising in Spain, where the necessary treatment is not accessible in their country of origin and where interruption or lack of treatment would pose a serious risk to their health or life.
In the case of minors, the provision already allowed this authorization to be extended to the parent or legal guardian who was present in Spain and responsible for the child. However, this limitation proved insufficient in certain complex family situations.
⏺️ The key element of the new official guidance: the Supreme Court ruling and the best interests of the child
Official Guidance 1/2026 is based on the interpretation set out by the Supreme Court in Judgment No. 942/2025, which reinforces the best interests of the child as the central principle governing this type of authorization.
Based on this doctrine, the Directorate General for Migration Management establishes that the humanitarian residence permit should not be limited solely to the minor and one parent, but may be extended to the entire family unit, provided certain conditions are met.
⏺️ Who is now covered by the authorization?
According to the new official guidance, when the person affected by the serious illness is a minor, the following family members may also qualify for a humanitarian residence permit:
– The parents of the minor.
– Minor siblings.
– Adult siblings who have a disability requiring support or who are objectively unable to meet their own needs due to their health condition.
All of this is subject to one essential requirement: family members must have been living together with the minor in Spain at the time the illness arose.
This clarification unifies the practice of Immigration Offices and avoids restrictive interpretations that, in practice, could have led to family separation in situations of extreme seriousness.
⏺️ Official guidance with real impact on administrative practice
From a practical perspective, this official guidance represents a significant step forward in the protection of foreign families with seriously ill minors. It recognizes that healthcare and the care of a child cannot be assessed in isolation, but must be considered within the child’s family and emotional environment.
It also provides greater legal certainty for both applicants and legal professionals by establishing a clear interpretation aligned with Supreme Court case law.
⏺️ How ARC Legal Abogados can help
At ARC Legal, we advise individuals and companies on all types of immigration procedures, including residence and stay permits, modifications, renewals, and complex proceedings before Immigration Offices.
Our approach is always the same: prior legal analysis, full support throughout the procedure, and clear communication at every stage, so that you can make informed decisions with confidence and certainty.
If you have questions about your immigration status or need professional assistance to start or continue an immigration procedure in Spain, we can help.
Related publications
- The Directorate General for Migration Management clarifies in Official Guidance 10/2025 the requirement of not having been publicly funded in order to change from student stay to residence and work authorization
- Official guidance of the Directorate General for Migration Management on the effective date of residence permits for unaccompanied foreign minors
- Immigration Hub
¿Prefieres leer este artículo en español 🇪🇸? Aquí tienes el enlace: Criterio 1/2026: La DGGM amplía el alcance de la autorización por razones humanitarias en casos de menores
The content of this article is for informational purposes only and does not constitute legal advice. Immigration law is subject to continuous legislative, interpretative, and administrative changes. At ARC Legal, we make every effort to keep information accurate and up to date based on official sources; however, we always recommend consulting a specialized professional before initiating any procedure or making legal decisions. If you require personalized legal advice regarding your situation, please contact our firm.