In short: the Criterio de Gestión 1/2026 issued by the Directorate General for Migration Management (DGGM) clarifies who else can hold Spain's temporary humanitarian residence authorisation (a residence permit) for a seriously ill child, granted under article 128.3 of RD 1155/2024: not only the child's parent or guardian. Their parents, minor siblings, and adult siblings with a disability who need support can request the same authorisation too, as long as they all lived with the child in Spain when the illness appeared.
What the rule says: article 128.3 allows a humanitarian authorisation for someone who develops a serious illness in Spain that needs specialised care not available in their home country, when interrupting or not receiving it would seriously risk their health or life (proven with an official clinical report). The regulation's second paragraph only expressly mentions one parent or guardian of the child.
What the Supreme Court ruling changed: ruling 942/2025, of 10 July 2025 (Third Chamber, appeal 1963/2023) interpreted an earlier equivalent rule and concluded that the best interest of the child requires extending the authorisation to the whole family unit living with them, not just one parent or guardian. Criterio 1/2026 applies that same interpretation to the current article 128.3.
Who is covered in practice: parents, minor siblings, and adult siblings with a disability that requires support or prevents them from meeting their own needs because of their health, as long as they lived with the child in Spain when the illness appeared.
Related: if a family member's asylum claim was rejected and they hold a different humanitarian authorisation (Art.128.1.a), the Instructions SEM 1/2026 route may also apply, letting them switch to a 4-year work permit.
Official source: Criterio de Gestión 1/2026 (PDF).
Informational only; check the official source and a professional for your specific case.
