Applying for Spain’s Digital Nomad Visa as an employee? Learn which Social Security certificate you need, how to obtain it and how to avoid UGE requests.

Spain’s Digital Nomad Visa allows eligible foreign professionals to live legally in Spain while continuing to work remotely for companies located outside the country.

However, when the applicant works as an employee of a foreign company, one of the most important — and frequently misunderstood — parts of the application concerns Social Security.

What happens to your Social Security contributions when you move to Spain but continue working for a British, American, Canadian, Japanese, Australian or other foreign employer?

Do you need to register with the Spanish Social Security system? Can you continue paying Social Security contributions in your home country? What document does the Spanish Large Companies and Strategic Groups Unit, commonly known as the UGE, expect you to provide?

The answer depends mainly on whether an international Social Security coordination agreement applies to your particular situation and, crucially, whether the competent Social Security authority in your home country is willing to issue the appropriate certificate confirming that you remain subject to its legislation while working remotely from Spain.

At Visal Immigration Lawyers, we recommend analysing this issue before submitting the residence application. A problem with Social Security documentation can result in a request for additional evidence and, in some cases, may require the entire structure of the application to be reconsidered.

If you are employed by a foreign company and would like to know which Social Security system should apply to your situation, you can schedule your consultation here.

What does Spain require from Digital Nomad Visa applicants who are employees?

Spain’s international teleworker residence permit is mainly regulated by Articles 74 bis and following of Law 14/2013.

When the applicant is an employee, they must normally work for a company located outside Spain and prove, among other requirements, that the employment relationship has existed for at least three months before the application and that the employer expressly authorises the employee to perform their work remotely from Spain.

However, having a foreign employment contract does not mean that Social Security obligations disappear.

The UGE requires international teleworkers to comply with the applicable Social Security rules.

For employees, there are essentially two possible structures.

The first possibility is that the employee becomes subject to the Spanish Social Security system. In this case, the foreign employer will normally need to register in Spain as a foreign company without a permanent establishment for Social Security purposes and subsequently register the employee with the Spanish General Social Security Scheme.

The second possibility is to remain covered by the Social Security system of the country of origin.

However, this is only possible where an applicable international Social Security instrument allows the employee to remain subject to the legislation of the home country.

In those cases, the applicant must provide a certificate of applicable legislation or certificate of coverage issued by the competent Social Security authority in the country of origin.

In other words, an employee cannot simply choose which country they would prefer to pay Social Security contributions in.

The applicable system must be determined according to the relevant legislation and international agreements.

The document you actually need: a Certificate of Applicable Legislation

There is considerable confusion about the terminology used for this requirement.

Applicants sometimes refer to a “Social Security agreement”, a “Social Security convention”, a “posting certificate”, an “A1”, a “certificate of coverage” or simply a letter from their employer.

Legally, however, it is important to distinguish between two different things.

The first is the international Social Security agreement itself.

This may be a bilateral agreement between Spain and another country, a multilateral convention, European Social Security coordination rules, or another international instrument.

The agreement establishes the legal framework that determines which country’s Social Security legislation applies to the worker.

The second document is completely different.

It is the individual certificate issued for that particular employee, confirming which country’s Social Security legislation applies during the period in which they will be working from Spain.

For Digital Nomad Visa applications, this second document is particularly important.

The UGE currently requires applicants who intend to remain covered by their home-country Social Security system to provide a certificate of applicable legislation issued by the corresponding Social Security authority in the country of origin.

Importantly, the certificate should confirm that the worker remains covered while carrying out their professional activity remotely from Spain.

This distinction is essential.

Downloading a copy of the Social Security agreement between Spain and your country is not enough.

Likewise, a letter from the employer stating that the employee will continue paying Social Security contributions abroad will not normally replace the official certificate.

The document must be issued by the competent Social Security institution.

If you are unsure which certificate is required in your country, you can schedule your consultation here before starting your Digital Nomad Visa application.

Having a Social Security agreement with Spain does not automatically solve the problem

This is probably the most important point for employees considering Spain’s Digital Nomad Visa.

The fact that Spain has signed a Social Security agreement with a particular country does not automatically mean that every worker from that country can continue contributing there after moving to Spain.

The actual provisions of the agreement must be examined.

Many bilateral Social Security agreements contain rules concerning the temporary posting of employees.

Under these rules, an employee who would normally be subject to the Social Security system of one country may temporarily work in another country while remaining covered by the system of the country of origin.

However, very specific conditions usually apply.

The Social Security authority may consider, among other matters, who the genuine employer is, where the employee normally worked before moving to Spain, whether the employment relationship continues with the foreign employer, the expected duration of the assignment and whether the circumstances satisfy the relevant posting rules.

For this reason, we should never assume that:

“My country has a Social Security agreement with Spain, therefore I can automatically remain in my country’s Social Security system.”

That conclusion is not necessarily correct.

The competent authority in the country of origin must accept that the employee’s particular circumstances fall within the scope of the agreement and must issue the corresponding certificate.

How do you obtain the Social Security certificate?

The exact procedure varies significantly from one country to another.

However, the process normally follows the same general structure.

The first step is identifying the international Social Security instrument that applies between Spain and the country where the employee is currently insured.

The employer — or in some countries the employee or an authorised representative — must then submit a request to the competent Social Security institution asking it to issue the appropriate certificate.

Depending on the country, the document may be called:

Certificate of Coverage

Certificate of Applicable Legislation

A1 Certificate

or another country-specific form created under the relevant bilateral agreement.

The application normally requires information about the employee and employer, including the worker’s full name, Social Security number, employer details, date of employment, normal place of work, expected date of relocation to Spain and the intended duration of the period working from Spain.

It is particularly important to explain clearly that the employee will continue working for the foreign employer while performing their duties remotely from Spain.

This is important because the UGE expects the certificate to cover the employee’s situation as an international remote worker in Spain.

Once the certificate has been issued, it should be carefully reviewed before the immigration application is filed.

At Visal Immigration Lawyers, we recommend checking that the document correctly identifies the employee, employer, country of destination, applicable Social Security legislation and period of coverage.

A mistake in dates or the scope of the certificate can cause problems during the residence application.

If you want us to review your Social Security documentation before submitting your application, you can schedule your consultation here.

United Kingdom: HMRC and the Certificate of Coverage

The United Kingdom is one of the countries from which we receive a significant number of Digital Nomad Visa enquiries.

Following Brexit, Social Security coordination between the United Kingdom and European Union Member States is governed by specific rules.

Where the relevant conditions are satisfied, HM Revenue & Customs — HMRC — can issue documentation confirming that an employee remains subject to UK National Insurance while temporarily working in another covered country.

For employees who are temporarily going to work in an EU country, the process may involve obtaining a Certificate of Coverage or Portable Document A1, depending on the circumstances and applicable rules.

Employers may need to complete the relevant HMRC procedures relating to employees temporarily working abroad.

However, having a British employment contract does not automatically guarantee that HMRC will issue the certificate.

The underlying circumstances must meet the conditions of the applicable Social Security coordination rules.

This is why we strongly recommend starting the Social Security process sufficiently early.

A Digital Nomad Visa applicant should not wait until the rest of the immigration documents are ready before discovering that the required Social Security certificate is still pending or cannot be issued.

United States: Certificate of Coverage

Spain and the United States have a bilateral Social Security agreement.

Under the agreement, certain employees who would otherwise become subject to Social Security contributions in both countries may remain covered exclusively by one system.

When the applicable rules determine that the employee continues to be covered by the United States system, the U.S. Social Security Administration may issue a U.S. Certificate of Coverage.

This certificate provides evidence that the employee remains subject to U.S. Social Security legislation during the period covered and may therefore be exempt from corresponding Spanish Social Security contributions under the terms of the agreement.

This is also a useful example of why using the correct terminology with your employer or Human Resources department can make a significant difference.

Instead of simply asking HR for “a document required for my Spanish visa”, it may be much more effective to explain that you need a:

Certificate of Coverage under the Spain–United States Social Security Agreement for an employee who will temporarily work remotely from Spain.

That gives the employer a much clearer understanding of the document that must be obtained.

Canada: a specific form exists for Spain

Canada is another useful example because the Canadian authorities provide a specific certificate for employees covered by the Canada–Spain Social Security agreement.

The Canada Revenue Agency uses a form relating specifically to the Certificate of Coverage under the Canada Pension Plan pursuant to the Convention on Social Security between Canada and Spain.

The certificate can be relevant when a Canadian employee is temporarily working in Spain but remains subject to Canadian Social Security legislation according to the agreement.

As with other countries, the application should ideally be started as soon as the employer knows that the employee intends to work from Spain.

The Canadian authority will determine whether the circumstances satisfy the applicable rules and, if they do, issue the certificate for the corresponding period.

This illustrates an important point for Digital Nomad Visa applicants:

There is no single universal Social Security form for all digital nomads.

Each country has its own administration, procedures, forms and interpretation of the applicable international agreement.

Which countries have Social Security agreements with Spain?

Spain has signed bilateral Social Security agreements with numerous countries.

These include countries such as Argentina, Australia, Brazil, Canada, Chile, China, Colombia, Ecuador, the United States, Japan, Mexico, Morocco, Peru, the Philippines, the Dominican Republic, Tunisia, Ukraine, Uruguay and Venezuela, among others.

There are also European and multilateral Social Security coordination instruments that may apply depending on the nationality, employer, country of insurance and particular circumstances of the employee.

However, the existence of an agreement should never be treated as the end of the analysis.

It is only the starting point.

The agreement must actually cover the employee’s specific situation.

Some agreements have different material scopes. Others contain different temporary posting rules or maximum periods during which the employee can remain subject to the legislation of the home country.

Before structuring a Digital Nomad Visa application around foreign Social Security coverage, we therefore recommend confirming two separate points.

First, the relevant international agreement must legally apply to the proposed remote-working arrangement.

Second, the competent authority abroad must actually be willing to issue the certificate required by the Spanish authorities.

If you would like us to analyse whether your country’s Social Security agreement can be used for your Digital Nomad Visa, you can schedule your consultation here.

A pending application for the certificate may not be enough

This is a particularly important practical point.

The UGE’s current guidance indicates that applicants relying on foreign Social Security coverage should provide the actual certificate of applicable legislation.

A simple confirmation that the employer has applied for the document may not be sufficient.

Applicants should therefore avoid assuming that an email sent to a foreign Social Security authority, a screenshot showing that an application is pending or a receipt confirming that the request has been submitted will necessarily satisfy the immigration authorities.

If your immigration strategy depends on remaining insured in your home country, the safest approach is to obtain the final certificate before submitting the residence application.

For this reason, Social Security should be addressed at the beginning of the Digital Nomad Visa preparation process rather than at the end.

Obtaining the Social Security certificate may sometimes take longer than obtaining bank statements, preparing an employer remote-working authorisation letter or arranging translations.

What if my country has no applicable agreement or refuses to issue the certificate?

This does not necessarily mean that you cannot obtain Spain’s Digital Nomad Visa.

However, it may mean that the Social Security structure must change.

If no applicable international agreement allows the employee to remain covered by the foreign Social Security system, the employee will generally have to become subject to the Spanish Social Security system.

For employees, this can require the foreign company to register with the Spanish Social Security authorities as a foreign employer without a permanent establishment in Spain.

The company can then register the employee with the Spanish General Social Security Scheme.

This point should always be discussed with the employer before submitting the Digital Nomad Visa application.

We regularly see situations where the employee appears to satisfy all the immigration requirements — sufficient salary, a qualifying remote position, an established employment relationship and a foreign company with genuine activity — but the Social Security implications have never been discussed internally with the employer.

The employer then discovers late in the process that allowing the employee to work permanently or temporarily from Spain may involve administrative obligations in Spain.

If your employer is unsure whether it needs to register with Spanish Social Security, you can schedule your consultation here so that the situation can be assessed before the application is submitted.

Does the Social Security certificate need an apostille or sworn translation?

Foreign documents used in Spanish immigration procedures may generally need to satisfy legalisation, apostille and translation requirements.

However, Social Security documents issued under international coordination agreements can be subject to specific rules.

Documents issued pursuant to international Social Security coordination legislation may benefit from exemptions or simplified treatment under the relevant international framework.

For this reason, applicants should not automatically apostille and translate a Certificate of Coverage before first checking the applicable rules.

The correct approach depends on the country, the specific agreement and the document that has been issued.

Unnecessary legalisation or translation can create additional costs without providing any benefit to the application.

Social Security and health insurance are not exactly the same thing

Another frequent misunderstanding involves health coverage.

An applicant may obtain a Certificate of Coverage confirming that they remain subject to the Social Security legislation of their home country and assume that this automatically provides full access to healthcare in Spain.

That is not always the case.

Social Security contribution rules and entitlement to healthcare are related but not necessarily identical.

The relevant international agreement must be examined to determine whether it also provides healthcare coverage while the employee resides in Spain.

If the agreement provides adequate healthcare coverage in Spain, the applicant may be able to prove that entitlement through the corresponding official documentation.

However, if the agreement regulates Social Security contributions but does not provide adequate healthcare protection in Spain, the applicant may need to obtain private or public health insurance that satisfies the requirements applicable to international teleworkers.

This is why Social Security and healthcare should always be analysed together.

The most common mistake: preparing the visa first and dealing with Social Security last

In practice, Social Security should be analysed before a large part of the immigration documentation is prepared.

At first sight, an employee’s case may appear straightforward.

The applicant has a foreign employment contract.

The employer has existed for more than one year.

The employment relationship has lasted for more than three months.

The salary meets the financial requirement.

The employer allows the worker to perform their duties remotely from Spain.

Everything appears ready.

But then one important question remains:

Where will this employee pay Social Security contributions while living and working from Spain?

If the answer is that the employee will remain covered by the foreign system, the next question must be:

Can the competent Social Security authority issue a valid certificate confirming this?

If the answer is no, the employer may have to register in Spain.

This is why dealing with Social Security at the start of the process can prevent weeks of work being invested in an application structure that later proves unworkable.

At Visal Immigration Lawyers, we can analyse the employment relationship, the country where the employer is established, the applicable international Social Security agreement and the documentation required before filing the residence application.

You can schedule your consultation here.

What information should your employer provide when requesting the certificate?

Every Social Security authority uses its own procedure and there is no universal list of documents.

However, employers should generally be prepared to provide information such as the employee’s full name, Social Security or national insurance number, employer details, employment start date, position, normal place of work, date of relocation to Spain and expected duration of the period working from Spain.

It is also advisable to make the situation very clear:

The employee will maintain their employment relationship with the foreign company and will temporarily perform their duties remotely from Spain.

The employer or employee should not attempt to draft the certificate themselves.

Only the competent Social Security authority can determine which legislation applies and issue the corresponding official document.

The objective is simply to provide the authority with sufficient information to make the correct determination.

If your company has never managed an employee working remotely from Spain, professional advice at this stage can avoid significant problems later. You can schedule your consultation here.

Frequently Asked Questions

Can I continue paying Social Security in my home country while living in Spain under the Digital Nomad Visa?

Yes, but only when an applicable international Social Security agreement allows you to remain covered by your home-country system and the competent authority issues the corresponding certificate. The existence of an agreement with Spain alone is not enough. Your particular employment and remote-working circumstances must fall within its scope.

What document should I ask my employer for?

You will usually need a Certificate of Coverage or Certificate of Applicable Legislation issued by the competent Social Security authority, rather than simply a letter from your employer. The exact name varies between countries. The certificate should confirm the legislation applicable while you are working remotely from Spain.

Can I apply for the Digital Nomad Visa while the Social Security certificate is still pending?

This can create difficulties if your application relies on remaining covered by the foreign Social Security system. Current UGE practice expects the actual certificate rather than merely evidence that it has been requested. Obtaining the certificate before filing the residence application is therefore generally the safer approach.

What happens if my country’s Social Security authority refuses to issue the certificate?

The alternative may be to become subject to Spanish Social Security. For employees, this can require the foreign employer to register with the Spanish Social Security system as a foreign employer and subsequently register the employee under the Spanish General Social Security Scheme.

Does a foreign Social Security Certificate of Coverage automatically replace private health insurance?

Not necessarily. You must determine whether the applicable international Social Security agreement also provides effective healthcare coverage in Spain. If it does not, you may still need health insurance that satisfies the requirements applicable to Spain’s Digital Nomad Visa and international teleworker residence permit.

Why this requirement should be checked before applying

Spain’s Digital Nomad Visa is one of the most attractive residence options available to international professionals who wish to live in Spain while continuing their careers abroad.

However, applications from employees require careful coordination between Spanish immigration law, international employment arrangements and Social Security legislation.

Before filing your application, you should be able to answer one fundamental question:

Which Social Security system will apply while I work remotely from Spain, and which official document proves it?

If you intend to remain covered by your home-country Social Security system, obtaining the correct certificate should be one of the first steps in preparing the application.

If no applicable international agreement allows this, the foreign employer may need to comply with Spanish Social Security obligations.

Addressing this issue correctly from the beginning can help prevent additional document requests, delays and last-minute changes to the application strategy.

Do you need personalised legal advice?

At Visal Immigration Lawyers, we are lawyers specialising in Spanish immigration law and international mobility.

We can analyse your employment contract, the country where your employer is established, the applicable Social Security agreement and the documentation available in order to determine how your Digital Nomad Visa application should be structured.

If you would like one of our immigration lawyers to review your situation before you apply, you can schedule your consultation here.

You can also contact us by WhatsApp on +34 618 702 253 — messages only, no phone calls — or visit www.visalimmigration.com for further information.

For employees of foreign companies, reviewing Social Security coverage before submitting the Digital Nomad Visa application can be particularly important because this is one of the areas where the correct documentation must be determined from the very beginning.

Visal Immigration Lawyers — Spanish immigration lawyers helping international professionals live and work legally in Spain.