Americans and the US-Spain social security agreement

Key rules

• Covered benefits: The agreement covers retirement, disability and survivors benefits, plus work accident benefits on the Spanish side, but not health care or unemployment.
• Certificate of coverage: Your employer requests the certificate in writing, and it prevents you paying social security in both countries.
• Posting limit: A posting between the US and Spain can last up to five years under the agreement.
• EU rule: The 24 months with an A1 applies to EU, EEA and Swiss postings, not to the US.

What the agreement does for you

If you move between the US and Spain for work, the agreement stops you paying social security in both countries for the same job. It also lets you add up your periods of work in both countries when you claim a benefit. The agreement has been in force since 1988.

What it covers

• US side: Social Security retirement, disability and survivors benefits, and the related Medicare Part A taxes.
• Spanish side: Seguridad Social benefits for retirement, disability, survivors, and work accidents and occupational disease.

It applies to employees, self-employed people and posted workers.

It does not cover health care, unemployment or non-contributory benefits. Health care and unemployment in Spain follow Spanish rules, so don't assume your US coverage carries over.

The certificate of coverage

A certificate of coverage is your proof that you stay in your home country's system. Show it to the authorities in the country where you work, and you avoid double contributions.

• A US employer sends you to Spain: your employer asks the US Social Security Administration (Office of International Programs) for the certificate, in writing. It needs your personal details and the posting dates.
• A Spanish employer sends you to the US: your employer asks the Tesorería General de la Seguridad Social (TGSS) for it. The Spanish form is usually requested through the Seguridad Social electronic office.

Forms and online steps change, so check the current procedure with the agency before you apply. The checklist below walks through the steps.

How long a posting can last

Under the agreement, a temporary posting keeps you in your home system for up to five years. The certificate is valid for up to five years too.

Don't mix this up with the EU rule. The 24-month limit, with an A1 certificate, applies to postings from EU, EEA or Swiss states, not to the US.

If your posting will run past the period on your certificate, ask your employer to deal with the agency that issued it before the certificate ends.

Self-employed

The agreement covers self-employed people as well as employees. The certificate works the same way, but you make the request yourself.

Checklist

• Work out which side is sending you: a US employer posting you to Spain, or a Spanish employer posting you to the US.

• If a US employer sends you, ask it to request your certificate of coverage in writing from the US Social Security Administration (Office of International Programs).

• Give your employer your personal details and the posting dates, so the written request is complete.

• If a Spanish employer sends you to the US, ask it to request the certificate from the Tesorería General de la Seguridad Social (TGSS), usually through the Seguridad Social electronic office.

• Check that the certificate confirms you stay under your home country's social security and is valid for your whole posting, up to five years.

• Keep the certificate to show to the authorities of the country you are working in.

Frequently asked questions

Does the US-Spain agreement cover health care or unemployment?

No, the agreement does not cover health care, unemployment or non-contributory benefits. It covers retirement, disability and survivors benefits, plus work accident and occupational disease benefits on the Spanish side. For health care and unemployment, ask the Spanish social security office what applies to you.

How long can I be posted to Spain and stay in the US system?

Yes, you can stay in the US system for a temporary posting of up to five years under the agreement. Your US employer must hold a certificate of coverage for you. That certificate is what you show to the Spanish authorities.

Does the agreement cover self-employed people too?

Yes, the agreement covers self-employed people as well as employees and posted workers. A self-employed person moving between the US and Spain also uses a certificate of coverage. It counts periods worked in both countries toward benefit eligibility.