The Dirección General de Gestión Migratoria has published Criterio de Gestión 2/2026, dated 7 August 2026, establishing a uniform approach to the immigration regime applicable to foreign nationals wishing to pursue doctoral studies in Spain.
The new criterion provides an important clarification: doctoral studies should not be processed through a higher education study stay authorization, but through a national residence authorization for research, regulated under Article 72 of Law 14/2013.
These applications fall under the jurisdiction of the Large Companies and Strategic Groups Unit (UGE-CE).
⏺️ Why are doctoral studies considered research?
The Dirección General de Gestión Migratoria bases its interpretation on the nature and purpose of doctoral studies.
Organic Law 2/2023, of 22 March, on the University System establishes that doctoral studies are intended to provide students with the skills and competencies required to conduct research within a scientific, technical, humanities, artistic or cultural field. Given this essentially research-oriented purpose, the Dirección General considers doctoral studies to fall within the scope of research activities covered by Article 72 of Law 14/2013.
Therefore, foreign nationals intending to pursue a PhD in Spain must apply for a national residence authorization for research, rather than a study stay authorization.
⏺️ Who will process these applications?
Applications will be processed by the Unidad de Grandes Empresas y Colectivos Estratégicos (Large Companies and Strategic Groups Unit (UGE-CE)).
The application may be submitted:
- directly by the foreign doctoral student; or
- by the university or higher education institution where the doctoral studies will be undertaken.
The criterion applies both to foreign nationals intending to come to Spain to pursue doctoral studies and to those who already hold a stay or residence authorization in Spain and wish to begin a doctoral programme.
⏺️ What happens if the student is outside Spain?
Where the prospective doctoral student is outside Spain, the procedure will involve two stages.
First, the national residence authorization for research must be obtained.
Once the residence authorization has been granted, the applicant must apply for the corresponding visa at the competent Spanish Consular Office before travelling to Spain.
⏺️ Doctoral studies should no longer be processed as a study stay authorization
This is one of the most important aspects of the new criterion.
The Directorate-General expressly states that where an application for a higher education study stay authorization to pursue doctoral studies is submitted to an Immigration Office, the applicant will be informed that this is not the appropriate immigration route and that the applicable procedure is the residence authorization for research under Article 72 of Law 14/2013.
The same criterion applies where a person outside Spain attempts to apply directly for a study visa in order to pursue doctoral studies.
It is therefore particularly important to identify the correct immigration procedure before submitting an application, especially where the student is already in Spain under another type of stay or residence authorization.
⏺️ How ARC Legal Abogados can help
Choosing the correct immigration procedure is particularly important before starting doctoral studies in Spain, both for applicants currently abroad and for those who already reside or study in Spain under another authorization.
At ARC Legal Abogados, we advise international students, researchers and universities on the preparation and processing of residence authorization applications in Spain.
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¿Prefieres leer este artículo en español 🇪🇸? Puedes encontrarlo aquí: Los estudiantes extranjeros de doctorado deberán solicitar una autorización de residencia para investigación
The content of this article is provided for informational purposes only and does not constitute legal advice. Spanish immigration regulations and their administrative interpretation are subject to continuous change. At ARC Legal, we make every effort to keep the information we publish up to date and verified against official sources. However, we always recommend seeking advice from a qualified immigration professional before starting any procedure or making legal decisions. If you require advice tailored to your particular circumstances, please contact our firm.