In August 2026, the Dirección General de Gestión Migratoria published a new criterion introducing an important change for certain foreign PhD students in Spain. Management Criterion 2/2026 establishes that certain foreign nationals pursuing doctoral studies must apply for the national residence permit for research, provided for under Article 72 of Law 14/2013.
💡 If you would like to learn more about this change in criteria and its implications for PhD students in Spain, you can read our article: Foreign PhD students must apply for a residence permit for research.
This change does not only affect the type of immigration status available to PhD students. It may also have a particularly important long-term consequence: eligibility for Spanish nationality by residence.
⏺️ From PhD student to resident in Spain
Traditionally, many foreign students pursuing a PhD in Spain held a student stay authorization (autorización de estancia por estudios).
However, the new Management Criterion 2/2026 issued by the Dirección General de Gestión Migratoria provides for the application to PhD students of the national residence permit for research under Article 72 of Law 14/2013.
The distinction between holding a student stay authorization and a residence permit is particularly important when considering a future application for Spanish nationality.
⏺️ Why is this important for Spanish nationality?
Article 22 of the Spanish Civil Code establishes that, in order to acquire Spanish nationality by residence, residence in Spain must be legal, continuous and immediately prior to the application.
As a general rule, 10 years of legal residence in Spain are required.
However, reduced residence periods apply to certain applicants. In particular, the required period is reduced to two years for nationals of origin of:
- Ibero-American countries.
- Andorra.
- The Philippines.
- Equatorial Guinea.
- Portugal.
- Sephardic origin.
There are also certain circumstances in which one year of legal residence is sufficient. These include, among others, individuals born in Spain and those who, at the time of the application, have been married to a Spanish citizen for at least one year and are not legally or de facto separated.
⏺️ Does a residence permit for research count towards Spanish nationality?
The authorization regulated under Article 72 of Law 14/2013 is expressly a residence permit for research.
Therefore, unlike a student stay authorization, the period during which a foreign national holds this permit constitutes, in principle, legal residence in Spain and may count towards the residence period required to apply for Spanish nationality by residence, provided that all other legal requirements are met.
This distinction can be particularly important for researchers from countries whose nationals benefit from the reduced two-year residence requirement.
⏺️ What happens to previous years spent in Spain as a student?
This is a particularly important point.
The new criterion issued by the Dirección General de Gestión Migratoria does not mean that previous periods during which a PhD student held a student stay authorization automatically become periods of legal residence.
Therefore, if a person has spent, for example, two years in Spain under a student stay authorization and subsequently obtains a residence permit for research, those previous two years should not be understood as retroactively counting towards the residence period required for Spanish nationality.
For the purposes of a future nationality application, it will therefore be necessary to determine the date from which the applicant effectively began a period of legal residence that can be taken into account.
⏺️ How ARC Legal Abogados can help you
The change in criteria applicable to certain PhD students may have important consequences not only for their residence status in Spain, but also for their medium- and long-term immigration planning and, in particular, their eligibility for Spanish nationality by residence.
At ARC Legal Abogados, we can assess your individual circumstances to determine whether you may qualify for a residence permit for research, manage the application process before the UGE-CE, and assess from which date your legal residence may begin to count towards a future application for Spanish nationality.
If you are a PhD student or researcher in Spain and would like to understand how this new criterion may affect your situation, you can contact our firm for personalized legal advice.
Related articles
- Can I apply for a Digital Nomad Residence Permit if I am in Spain as a student?
- New immigration rules for international PhD students in Spain
- Renewing a student residence authorization in just one month: when planning makes the difference
¿Prefieres leer este articulo en español 🇪🇸? Aquí tienes el enlace: Doctorandos e investigadores en España: el nuevo permiso de residencia y su impacto en la nacionalidad española
The information contained in this article is provided for general informational purposes only and does not constitute legal advice. Spanish immigration law is subject to continuous legislative, administrative, and interpretative changes. At ARC Legal Abogados, we make every effort to ensure that our content is accurate and up to date by relying on official sources. However, we always recommend seeking professional legal advice before initiating any immigration procedure or making decisions based on the information provided. If you require personalized advice regarding your specific circumstances, please do not hesitate to contact our firm.