In short: the Supreme Court annulled art. 197.2 of the Regulation of Organic Law 4/2000 (RD 1155/2024), which required seven types of immigration applications to be filed electronically. If you are in Spain, you can now file them in person or electronically (art. 197.1). The Regulation still requires electronic filing for the extension of a stay for studies, volunteering or training (art. 55.4) and for collective recruitment in the country of origin (art. 122.2).
In person or by representative? Not applicable (this is a change to the regulation, not a personal procedure).
The Supreme Court Judgment of 29 July 2026 (Third Chamber) partly upheld the appeal brought by Cáritas Española, the Spanish Commission for Refugee Aid, Federación Andalucía Acoge, Federación Red Acoge and the Jesuit Migrant Service against RD 1155/2024. It repeats the annulment of art. 197.2 already declared by judgment STS 868/2026 of 8 July 2026.
Art. 197.2 required individuals to file these applications electronically:
- extension of a stay for studies, student mobility, volunteering or training;
- renewal of non-lucrative temporary residence;
- initial temporary residence and employee work authorisation (filed by the employer, art. 77.1);
- renewal of temporary residence and self-employed work authorisation;
- renewal of temporary residence exempt from the work authorisation;
- initial residence and work authorisation for seasonal work (filed by the employer, arts. 103.1 and 77.1);
- initial residence and work authorisation under collective recruitment in the country of origin (art. 122.2 still requires electronic filing).
What applies now: art. 197.1 of the Regulation. Residence and work applications are filed with the competent immigration office (oficina de extranjería). If you are in Spain, the personal appearance requirement is met whether you file in person or electronically. The Regulation's other applications can also be filed either way (art. 14 Law 39/2015). If the office tells you only electronic filing is accepted, you can point to art. 197.1 and this ruling.
Exceptions still in force: the extension of a stay for studies, volunteering or training is requested electronically because another article, 55.4, requires it, and the ruling did not annul it. Art. 122.2, on collective recruitment in the country of origin, also still states that applications are filed electronically, although it refers to the annulled art. 197.2. Legal entities (for example, a company hiring a worker) and registered professionals filing for a client always use electronic means (art. 14.2 Law 39/2015).
What may change: the court allows the Government to impose electronic filing again, but only through a new regulation for specific categories of procedures. That regulation must justify the obligation and be proportionate (art. 14.3 Law 39/2015 and art. 3.2 RD 203/2021). Until such a rule exists, art. 197.1 applies.
Official source: BOE-A-2026-19633 and BOE-A-2026-19632; current text of art. 197 in the consolidated RD 1155/2024.
Informational only; for your specific file, contact the competent administration (Migration Delegation, Regional Interior Ministry, or relevant body) and an immigration law professional.