In short: the Criterio de Gestión 2/2026 issued by the Directorate General for Migration Management (DGGM) clarifies that foreigners coming to do a PhD in Spain should not apply for the student stay, but for the national research residence authorisation under article 72 of Ley 14/2013 (plus the matching visa at the consulate if applying from abroad), because a PhD has an essentially research-based purpose. It is processed by the Unidad de Grandes Empresas y Colectivos Estratégicos (UGE-CE).
Why a PhD counts as research: Ley Orgánica 2/2023 on the university system defines doctoral studies as aimed at acquiring skills for research within a scientific, technical, humanistic, artistic or cultural field (art.9.4). Article 72 of Ley 14/2013 requires a visa or research residence authorisation for anyone carrying out training, research, development or innovation activities; article 13 of Ley 14/2011 on Science defines "research staff" in terms that match someone doing a PhD. Combining both provisions, the criterion concludes that a PhD falls under the research regime, specifically the national research category (art.72.2.b), the option the law provides for people who do not fall under the other option of that article (72.2.a).
Who can file the request: the foreign national themselves, or the higher-education centre or institution where they will do the PhD.
If you are outside Spain: once you obtain the national research residence authorisation, you must request the corresponding visa at the consular office before travelling.
What happens if you apply for the student stay instead: if you file a student-stay application for higher studies (or its visa) for a PhD, the Immigration Office will inform you that route is not correct and that the applicable procedure is the one under article 72 of Ley 14/2013.
Related: for master's degrees, undergraduate degrees, and other studies that are not a PhD, the student stay still applies.
Official source: Criterio de Gestión 2/2026 (PDF).
Informational only; check the official source and a professional for your specific case.
