Avoiding double social security payments when no agreement exists

Terms used

• Seguridad Social — The Seguridad Social is Spain's public social security system, covering pensions, healthcare and unemployment benefits.
• Régimen General — The Régimen General is the Spanish social security scheme for employees.
• RETA — RETA is the Spanish social security scheme for self-employed people.
• Tesorería General de la Seguridad Social — The Tesorería General de la Seguridad Social is the Spanish body that handles registration and contributions.

Key rules

• Spanish contributions: Work in Spain generally means paying into Spanish social security, whatever your nationality.
• Double payment: Your home country may also charge contributions on the same work, so you could pay in both countries.
• Foreign years: Without an EU rule or agreement, years worked abroad do not count towards your Spanish pension.
• Exemptions: Exceptions are narrow and mainly cover diplomatic, consular and international organisation staff.

The short answer

If your home country has no EU rule or agreement with Spain on social security, you will generally pay into Spanish social security on work you do in Spain. Your home country may also charge contributions on the same work. Your years of work abroad are generally not counted towards a Spanish pension. Exceptions exist, but they are narrow.

Why you pay in Spain

Spain charges contributions on work done in Spain, whatever your nationality. If you work here as an employee, you must be registered with the Seguridad Social and contribute through the Régimen General. If you are self-employed, you do the same through RETA.

Why you may pay twice

With no coordination between the two countries, nothing stops your home country from also charging contributions on the same work. This is double contribution. It is a particular risk if your employer sends you to Spain on a posting from a country with no agreement.

Whether your home country really does charge you depends on its own law. Before you move, ask your home country's social security office, or your employer's payroll team, whether contributions continue while you work abroad, and whether you can stop them or claim them back.

What you lose

Only your Spanish contributions count towards a Spanish pension. For the retirement pension, the general minimum is 15 years of Spanish contributions, and 2 of those must fall within the last 15 years before you retire. Years paid in another country do not fill the gap.

This differs from the EU, EEA and Switzerland, where foreign insurance periods count towards Spain's minimum and each country pays a share of your pension. Some bilateral agreements work in a similar way. If you come from one of those countries, this page does not describe your case.

Who can be exempt

Exceptions are narrow. The main ones are staff of diplomatic missions and consular posts, and staff of international organisations. Their private servants and some other staff may be covered, depending on the terms of the relevant agreements.

Ordinary employees and self-employed people are not exempt. An employer-paid posting from a country with no agreement does not normally give you an exemption.

If you think you may qualify, ask the Tesorería General de la Seguridad Social and the Ministry of Foreign Affairs before you start work.

What to do

• Confirm that no EU rule or agreement links your home country and Spain.
• Register and contribute in Spain from the day you start work.
• Ask your home country what it will charge, and whether you can opt out or claim relief.
• Keep records of every contribution in both countries.
• Do not count on foreign years for a Spanish pension.

The questions below cover pensions, EU countries and exemptions.

Frequently asked questions

Do my years of work abroad count toward a Spanish pension if there is no agreement?

No, without an EU rule or an agreement only your Spanish contributions count toward the Spanish minimum. For the retirement pension that minimum is generally 15 years, and 2 of them must fall within the last 15 years. Years paid in your home country may still earn a pension there, so ask that country's pension office how to claim it.

Does the Spanish pension rule change if I come from an EU country?

Yes, if you come from an EU, EEA or Swiss country, your foreign insurance years count toward Spain's minimum qualifying period. Each country then pays a share of the pension in proportion to the years you spent there. Some bilateral agreements work in a similar way, but the terms depend on the treaty.

Who can be exempt from Spanish social security when there is no agreement?

Exemptions are narrow and mainly cover staff of diplomatic missions, consular posts and international organisations. Their private servants and some other staff may be covered, depending on the terms of the relevant agreement. An employee sent by a company from a country without an agreement is generally not exempt, so ask the Spanish social security office or the Ministry of Foreign Affairs about your case.