Are you a freelancer or self-employed professional based in France (or elsewhere) and considering expanding your activity to Spain? Whether it’s to work with Spanish clients, live there, or grow your international presence, you don’t necessarily need to set up a legal entity in Spain to get started.
In this article, we explain the different ways to legally establish yourself in Spain as a freelancer, without having to create a local company.
Working in Spain as a Foreign Freelancer: Is It Possible?
Yes, it is possible — as long as you follow certain rules. Spain allows foreign freelancers to work within its territory without needing to create a local entity, through several options:
- Staying registered as a freelancer in your home country (e.g., self-employed in France)
- Using an international freelance management or umbrella company
- Working through an Employer of Record (EOR) if you have a primary client
These solutions allow you to invoice legally, contribute to the social system appropriately, and remain compliant with Spanish laws, without needing to register a Spanish company (such as an SL or SA).
Option 1: Remain a Freelancer in Your Home Country
If you’re a freelancer or self-employed professional registered in France, you can continue invoicing your Spanish clients from France, as long as:
- You do not spend more than 183 days per year in Spain (beyond this, you may be considered a Spanish tax resident)
- You comply with EU VAT rules for cross-border services
- You properly declare your income in your home country
Note: If you live in Spain more permanently (housing, family, etc.), you could be considered a Spanish tax resident and therefore may need to register locally.
Option 2: International Umbrella Company (Portage Salarial)
An international umbrella company allows you to work as a freelancer while being legally employed by an intermediary company. This solution offers several advantages:
- No need to create your own business or legal entity
- You receive a Spanish payslip
- You get access to Spanish social security (Seguridad Social)
- You remain fully compliant with tax and labor laws
This is an ideal solution if you work regularly for one or more Spanish clients and want to live in Spain.
Option 3: Use an Employer of Record (EOR)
If you’re mainly working with a Spanish company (or a foreign company operating in Spain), that company can use an Employer of Record to hire you locally without establishing a local entity.
In this case:
- The EOR becomes your official employer in Spain
- You work as an employee for your client, while maintaining a high level of operational autonomy
- You receive full Spanish social protection
- Your client is free from the local administrative and legal obligations
A great solution for long-term freelance missions, or if you want to relocate to Spain without setting up a business.
What Are the Risks of Non-Compliance?
Working in Spain without the appropriate legal structure can lead to:
- Tax audits or penalties, especially if you’re considered a Spanish tax resident but haven’t declared yourself as such
- Fines for undeclared employment
- Reclassification of your status (freelancer → disguised employee)
- Limited access to healthcare, housing, or social benefits
It is entirely possible to live and work in Spain as a freelancer without creating a legal entity, as long as you choose the right legal framework: staying registered in your home country, using an international umbrella company, or going through an Employer of Record.
Each option has its own advantages depending on your personal situation, length of stay in Spain, and client relationships. Working with experts in international mobility or freelance compliance is often a smart move to ensure your activity is secure and fully compliant.
VARYNIA EUROPE, a specialist in international umbrella services and Employer Of Record, supports freelancers and clients looking to work in 27 countries.
If you are interested in our services payroll/EOR, click here