Are you a foreigner and would like to start providing your services in Spain independently as an “autónomo”? Then this article is for you. You will find the step-by-step legal process to register as a freelancer, the complete list of requirements you must meet, where to carry out each step of the process, and a series of tips that will be very useful to enjoy an easy registratioin.
An autónomo in Spain is a self-employed worker or freelancer, a professional who provides services independently to his or her clients.
That is, it is a person who, instead of working for a company in exchange for a salary, works on her own in exchange for the remuneration paid to him by her direct clients.
This is the case, for example, of many cab drivers, professionals who are dedicated to the world of digital marketing, physiotherapists who have their own clinic, etc.
Together with the incorporation of a company, it is one of the two ways to develop a business activity in Spain.
Thus, any foreigner in Spain can register as self-employed and work under this regime.
However, depending on your country of origin, the procedure and requirements may be more or less complex:
- If you are from a European Union country, the process is very easy and straightforward. You will just have to obtain your green card or EU registration certificate, and with this document, you will be able to work as a freelancer.
- However, if you are from outside the EU, the process is longer and more tedious, as you must first obtain a self-employed work permit (as we will now see), which entails much more requirements.
Then, let’s take a look at the step-by-step process you will need to follow to complete this autónomo registration.
But before we get started with the process, remember that you can ask our expert immigration and business lawyers anything:
Requirements to be self-employed as a foreigner: EU vs non-EU
| Requirement |
EU citizen (EU/EEA/Switzerland) |
Non-EU citizen |
|---|---|---|
| NIE | Yes, through the EU registration certificate | Yes, included in the work permit |
| Specific work permit | Not required | Yes, a residence and self-employment work permit (EX-07 form) |
| Criminal record certificate | Not required | Yes, from the country of origin and from Spain if you already reside here |
| Relevant qualifications or experience | Not required | Yes, related to the professional activity |
| Business plan and planned investment | Not required | Yes |
| Where to apply | Immigration Office in Spain | Spanish consulate in the country of origin |
Requirements to be self-employed as an EU foreigner
If you are from a country in the European Union, it will be a little easier for you to be self-employed in Spain.
The first thing you will need is to get your EU registration certificate (or green card), which will authorize you to reside and work legally in the country.
This certificate, easy to obtain, will contain your NIE number, essential for the rest of the registration procedures as a self-employed person.
Once achieved, you can continue with the rest of the steps and requirements that we will see below, since they are common to all foreigners, regardless of their nationality.
Requirements to be self-employed as a non-EU foreigner
If you are from a country outside the European Union, the first step in the process will be to obtain your legal capacity to be self-employed in the country.
That is, you must apply for a work permit that authorizes you to work as a freelancer.
This work permit will contain your NIE with which you will be identified at all times, essential for your registration and activity as a freelancer.
Keep in mind that although you can apply for a regular work permit, there are other residence authorizations that also allow you to work as a freelancer and that can be a little more agile in terms of achieving them.
We are talking about, for example, the visa for digital nomads, the community card, family arraigo…
How do I become self-employed in Spain?
Below you will find the 5 steps that any foreigner must follow in order to legally become a freelancer in the Spanish territory.
As you will see, this process involves registration with two main institutions:
- The Social Security
- The Tax Agency
Let’s analyze the process step by step.
Obtaining a work permit and NIE
In order to develop your economic activity in Spain as an independent professional (self-employed), you will need a work permit and an NIE (foreigners’ identification number).
And this will be the first step in the whole process.
Here you can find an article with all the details to obtain this residency, but what’s next is a summary of the requirements you will have to meet to get this permit.
- First of all, you must not have a criminal record
- You cannot be in an irregular situation in Spain (in fact, the process is initiated from your country of origin).
- You must have sufficient academic training and related professional experience to carry out your professional activity as a freelancer.
- You must present a business plan defending the viability of your project, as well as stating the planned investment (which must be sufficient) to guarantee its success; in addition to demonstrating that your project will promote the Spanish economy and create employment in the country.
- Fill in and complete the application form EX-07, which you can download here.
Once you submit all the necessary documentation at the Spanish consulate located in your country of origin and get a favorable response, you will get your visa stamped in your passport to enter Spain for a period not exceeding 3 months.
Once you enter the country, you will be able to register your fingerprints and pick up your TIE (foreigner identification card), which will contain the NIE.
And it will be from then onwards, already with a valid residency card, when you can complete the rest of the registration procedures as a self-employed worker.
Request your digital certificate or get a cl@ve
Nowadays, a large part of the necessary procedures to complete the registration as a self-employed can be completed online.
Thus, you can decide to continue the process as has traditionally been done (in person) or do everything online. The decision is yours, since both options are equally valid.
If you want to follow the latter route, you will need your digital certificate or the cl@ve system (both options are valid).
These are digital signatures that will allow you to communicate with the Tax Agency and the Social Security online (the two institutions you will have to register with, as we will now see), sign, and upload documents to their platforms.
Here you can find an article with the complete process to get your digital certificate.
Register with Social Security
The next step requires going to the Social Security offices to register with them so that you can start making contributions.
That is to say, monthly payments to this organization (which, when you work for a company with a payroll, are deducted directly from your salary) in order to be able to receive benefits in the future, such as unemployment or retirement benefits.
*If you have a digital certificate, this procedure can be done online through the Social Security’s website.
You must fill in the TA 0521 form to register in the RETA (Special Regime for Self-Employed Workers). There are different versions of this regime, so it will be important to check which one corresponds to you.
In addition, you must bring your bank certificate to set up a direct debit for the monthly self-employed fee (i.e., define where you want your monthly contributions to be paid).
If you register for the first time as self-employed, you can benefit from an initial flat rate for which you will only pay 80€ per month for the first year, during the first 12 months of activity, extendable to 24 if your net returns do not exceed the SMI.
In this step of the process, you will be asked to be identified with your NIE or green card, and your passport (with a photocopy of it).
Finally, you will have to select an insurance company for any accidents or quick procedures, such as maternity leave (or similar). Although, obviously, you can go to any hospital or public medical center if you prefer.
And with that you will be assigned a social security number, which will stay with you during your whole life in Spain.
Visiting the Tax Agency
While registering with Social Security, you will have to register with the Tax Agency, notifying them that you are starting your professional activity as a freelancer.
In other words, you will register with the AEAT in order to start paying your taxes as an independent professional.
For that, you will have to download and fill out Model 037 in which you will complete your activity, professional sector, etc.
These procedures can be carried out with the help of one of the PAE points (points of help to the entrepreneur).
In the same Form 036, you must indicate your heading of the Tax on Economic Activities (IAE), corresponding to the type of activity you are going to develop. You can find your epigraph or heading here.
Keep in mind that you can register in as many headings as you need depending on your activity
Start performing your professional activity and paying taxes
Once you have completed the previous step, you will be able to start providing your services as a freelancer. Day-to-day operations will begin.
However, this does not end here.
After the registration, and on a quarterly basis, you will have to make your VAT declarations. It will be very important that you keep a record of all invoices issued and received to be able to make this declaration correctly.
In addition, once a year you will have to formalize your IRPF (personal income tax) declaration with all the particularities of being self-employed.
Here you can find a complete guide including all taxes self-employed workers must pay in Spain.
Being up to date with your tax obligations is essential, both to avoid penalties and to be able to renew your residence and work permit.
Hence, if you want to avoid any kind of inconvenience while saving yourself headaches and gaining greater comfort, contact our team of expert lawyers to start receiving the legal advice you need.
Frequently asked questions about being a foreign self-employed person in Spain
In general, foreigners in the process of becoming self-employed in Spanish territory always ask us the same questions.
Below, we have collected the most common ones, and we have resolved them so that you can fully understand the procedure.
Can I be self-employed without NIE?
No. The NIE will be essential if you are a foreigner to be able to carry out your activity as a self-employed person in Spain.
And not only that. Although the NIE is necessary since it identifies you for all your operations as a freelancer (registering, issuing invoices, receiving them, etc.), it is not enough, because as we have seen in this article, it will also be necessary for you to have a permit. of work that authorizes you to work legally on your own.
Can I register as self-employed if I am in an irregular situation?
No. To register as self-employed in Spain, you need to be in a regular administrative situation and have an authorization that enables you to work on your own.
If you are in an irregular situation, the first step is not to register as self-employed, but to regularize your situation, for example, through one of the rooting modalities, and only then start the process described in this article.
Do foreign self-employed people have a flat rate?
Can I be a self-employed foreigner and work as an employee at the same time?
Yes, you can be a foreign self-employed person and work as an employee and as a self-employed person at the same time. You can combine them as long as you meet the legal requirements for it. That is, you have a valid residence authorization that allows you to work under both modalities.
Can I register as self-employed with a passport?
No, you cannot register as self-employed in Spain only with your foreign passport. As we have already explained throughout the article, to do this, you must necessarily have your NIE (foreigners’ identification number), whether you are from a community country or not.
If you are not from a community country, you will also need a residence permit that allows you to work on your own. Keep in mind that these residences normally involve the issuance of your TIE (foreigner identification card) for which you will also need the NIE.
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