Working for a UK Company While Living in Spain: What You Must Know About Social Security and Legal Registration
- Venetia House
- 2 minutes ago
- 3 min read
If you live in Spain and work remotely for a UK employer, you may be paying the right tax but still be incorrectly registered for Social Security.
Here’s how to stay fully legal in Spain.
Many UK residents in Spain assume that declaring their income makes everything legal
A lot of people who move to Spain continue working remotely for a UK company. They often think that if they declare their income on their Spanish tax return, they’re fully compliant.
Unfortunately, this isn’t the whole picture.
In Spain, tax and work registration are two completely separate systems. You can be doing everything right with your Renta and still be incorrectly registered for Social Security.
This is the part that catches most people out.
The key rule: if you work from Spain, Spanish Social Security law applies
Spanish law is very clear.
If you physically carry out your work from Spain, you fall under the Spanish Social Security system, no matter where the employer is located.
What the law says
Article 7 of the Ley General de la Seguridad Social states that anyone who performs work activity in Spain must be included in the Spanish Social Security system, regardless of the nationality of the worker or employer.
In simple terms: Work done in Spain = Spanish Social Security.
This means a UK company cannot keep you on a UK employment contract unless they legally register as an employer in Spain.
Why the UK company cannot simply keep you on UK payroll
To legally employ someone working from Spain, a foreign company must register as an employer in Spain and obtain a Spanish CCC (Contribution Account Code).
This is set out in Article 12 of the Reglamento General de Inscripción de Empresas.
Most UK companies do not do this because it is expensive and administratively complex.
Therefore, the standard UK employment contract becomes invalid for long-term residence in Spain.
A1 certificates are accepted in Spain, but only when the worker is genuinely posted from the UK temporarily AND the centre of their work (and the employer’s control) remains in the UK.
This means:
• The worker normally works in the UK• The UK employer sends them to Spain temporarily• They intend to return to the UK• The employer can prove ongoing business activity in the UK• The worker goes back to the UK to continue their role there
If those conditions are met, the UK can legally issue an A1, and Spain will honour it.
This is why some people “go home to work” every few months — it is part of maintaining the “centre of activity in the UK” requirement.
So what is the correct legal solution?
If your employer does not register in Spain, the correct and legal structure is:
Registering as autónomo in SpainandInvoicing the UK company each month.
This aligns your Social Security payments with Spanish rules and allows you to work legally and safely.
What doesn’t work
Declaring income aloneStaying on a UK contract permanentlyRelying on UK National InsuranceWorking “informally” from Spain without registration.
These options leave you unprotected and technically working irregularly under Spanish law.
What about tax? Do I still declare it in Spain?
Yes.
As a Spanish resident, you declare your worldwide income on your Renta each year. Declaring income is correct, but it does not replace the legal obligation to be registered for work in Spain.
Are Withdrawal Agreement residents affected?
Yes.
Even though WA residents have full rights to work, the rights must be exercised under the correct Spanish system. The work is still considered to be performed in Spain, so Spanish Social Security applies.
Is this complicated to fix?
Not at all, and this is where Expay comes in.
We help clients:
• register as autónomos• set up invoicing for foreign companies• understand tax and Social Security responsibilities• stay fully legal and protected
Most registrations are fast and straightforward when done correctly.
Need help? Contact Expay
If you’re living in Spain and working for a UK employer, it’s important to get everything aligned with Spanish law.
At Expay, we can guide you through the correct setup step by step.
Send us a message on our website or through Facebook @expay to get started.
34 605 386 313
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