Autónomo or employee: which to choose as a foreigner in Spain

How does employment differ from working as autónomo?

Employment (trabajo por cuenta ajena) is paid and carried out within another person’s sphere of organisation and management, whereas an autónomo (trabajador autónomo, someone working on their own account, trabajo por cuenta propia) acts personally, at their own risk and outside anyone else’s direction. The Estatuto de los Trabajadores treats as employees those who voluntarily provide paid services on behalf of and under the direction of another person, and presumes an employment contract between whoever works this way and the recipient of the services [2]. Ley 20/2007 defines an autónomo as a natural person who carries out an economic activity personally, habitually, on their own account and outside anyone else’s direction [3].

What does a foreigner need to work as an employee?

You need an employer who will file the application and pass the checks. Article 74 of the Reglamento requires a signed contract for continuous work, terms in line with the law and the collective agreement, an employer with no tax or social security debts and with sufficient means, qualifications on the worker’s side, and respect for the national labour market situation unless an exception applies [1]. The labour market situation is assessed using the catalogue of hard-to-fill occupations, which SEPE updates every quarter. If the occupation is not in the catalogue, the employment service handles the vacancy for eight days and the employer must show that it is hard to find a worker in Spain [1]. The procedure: how an employer hires a foreigner and residence permit with an employment contract.

What does a foreigner need to work as autónomo?

You need a project that stands up to scrutiny, plus the documents to back it. Article 84 requires meeting the conditions Spanish law sets for opening and running the chosen activity, qualifications or experience, sufficient investment for the project, and consideration of its impact on employment, including self-employment [1]. From abroad, you apply via a visa at the consulate; the decision is due within three months, and the permit takes effect once you register (alta) with the Seguridad Social within three months of entry [1]. At renewal, the authorities check that the activity continues and that tax and Seguridad Social obligations have been met [1]. More: cuenta propia.

Can you be autónomo on a digital nomad visa or no lucrativa?

With a DNV you can, but only for remote work for foreign companies; with no lucrativa you cannot. The teletrabajo permit under Ley 14/2013 allows professional activity carried out remotely for companies outside Spain, and work for a company in Spain of no more than 20% of your professional activity [5]. No lucrativa is defined as residence without any work or professional activity [1]. Comparison: DNV or autónomo.

Can you switch from employment to autónomo or combine both?

Yes, and the law covers both options. An initial employment authorisation also allows self-employment during its validity, provided the main activity remains employment, with an obligation to report within three days if the employment ends for reasons beyond the worker’s control [1]. The holder of an employment authorisation can apply to move to a self-employment authorisation; this does not extend the term of the previous one [1]. Residents without the right to work, for example on no lucrativa, can move to employment or self-employment under article 191 after one year of residence [1]. See can you change the basis of your residence permit.

What depends on your case?

Three things depend on the case, and there are no universal figures for them. First: autónomo contributions, which in 2026 are set by the net income tables on the Seguridad Social website [4]. Second: employment conditions, set by the Estatuto and the collective agreement: 40 hours a week on average over the year, at least 30 calendar days of holiday, and two extra payments, which the collective agreement may spread over 12 months [2].

Third: taxes and bookkeeping under both regimes, which you should go through with a gestor: autónomo contributions in 2026. You cannot register as self-employed where you are in fact subordinate to an employer: the presumption of an employment relationship does not depend on what the contract is called [2]. Steps and deadlines are collected in the work route card, the service is described on the work permit page, and a general overview is on the residence permit in Barcelona page.

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ReloVictory · Sources reviewed 02.10.2026 · Not a substitute for individual legal advice.