Au pair or employee: where Spanish law draws the line

Key rules

• Au pair status: It applies only to genuine cultural exchange with limited hours and pocket money; otherwise it is household employment.
• Real arrangement: What happens in practice counts, not what the agreement is called.
• Payment: Pocket money is not a wage; paying like a wage points to employment.
• Non-EU au pairs: They normally need a student-type visa or stay, while EU citizens need no visa.

The short answer

Au pair status exists only for genuine cultural-exchange arrangements, with limited hours and pocket money. If the arrangement is really work, Spanish law treats it as household employment, whatever you call it.

What makes it an au pair placement

A young foreigner lives with a host family to learn the language and culture. In return, they give light help with childcare and housework. Spain has no dedicated au pair law. The arrangement follows a European agreement on au pair placement and the foreigners' rules, which treat it as a stay for study or exchange.

The test is the real nature of the arrangement, not the label. Typical features are:

• The main purpose is cultural exchange and language learning.
• Duties are light, usually around 25 to 30 hours a week.
• There is at least one full free day each week.
• There is time to attend language classes.
• The au pair has a private room and eats with the family.
• Payment is monthly pocket money, agreed in advance. The usual reference is a few hundred euros a month. Confirm the current figure with the placement agency or the Ministry of Inclusion.

When it becomes household employment

Expect it to be treated as employment if the person:

• works long hours or does full-time or heavy tasks,
• replaces a paid carer, or
• is paid like a wage.

The Labour Inspectorate and labour courts can then apply the household employment rules. That means minimum wage, registration with Social Security, back contributions and fines. If the person has no work permit, immigration penalties are also possible. Each case turns on its facts.

Who needs a visa

A non-EU au pair normally enters on a student-type visa or stay. Usual requirements are:

• an age of roughly 18 to 30,
• a written placement agreement with the host family,
• medical and accident insurance,
• proof of funds, and
• enrolment in a language course.

The stay is usually up to one year and may be extended. The consulate and the foreigners' office set the exact category and age limits, so check with them before applying. EU citizens do not need a visa.

Decide which one you have

Use the decision below to test your own arrangement. If it fails, treat it as household employment from the start. Use the checklist below to set up a genuine placement.

Choosing between options

Is your arrangement an au pair placement or household employment?

• Au pair placement: The purpose is cultural exchange and language learning, hours are limited, duties are light, there is study time, and the only payment is pocket money.

• Household employment: The person works long hours, does full-time or heavy tasks, replaces a paid carer, or is paid like a wage.

Look at what really happens, not what the agreement is called. If it works like a job, treat it as household employment: minimum wage, Social Security registration, and risk of back contributions, fines and immigration penalties if there is no work permit.

Checklist

• Confirm the main purpose is cultural exchange and language learning, with light childcare and housework only.

• Keep weekly hours within the typical 25 to 30 hours of light duties.

• Provide a private room and meals with the family.

• Pay only monthly pocket money, agreed in advance, of a few hundred euros, and never a wage.

• Check that a non-EU au pair has the right student-type visa or stay, is aged about 18 to 30, and has medical and accident insurance.

• Sign a written placement agreement with the au pair and the agency.

• Treat the arrangement as household employment if the person works long hours, does heavy or full-time tasks, or replaces a paid carer.

Frequently asked questions

Does an EU citizen need a visa to be an au pair in Spain?

No, EU citizens do not need a visa to be an au pair in Spain, because they have free movement.

How long can an au pair stay with a host family in Spain?

An au pair on a student-type stay can usually stay up to one year, and the stay may be extended. The usual age range is about 18 to 30, so ask the consulate or foreigners' office about the exact limits.

What must a host family provide to an au pair?

A host family must honour the placement agreement: accommodation, meals, pocket money, and time for study and free time. Typically that means a private room, meals with the family and language classes.

What happens if an au pair without a work permit is treated as an employee?

The family can face back contributions, fines and household employment rules such as minimum wage and Social Security registration. The au pair can also face immigration penalties if they have no work permit.