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Andalusian home where an American retiree on a non-lucrative visa employs a housekeeper in Spain
Questions · Non-Lucrative Visa

Hiring a housekeeper on a non-lucrative visa: you cannot work, but you can employ

The visa is built on a single prohibition — you may not work. So clients assume that hiring someone must be near the line. It is not. The line is somewhere else entirely, and it is much closer than they think.

It is one of the first questions asked, and almost never at the beginning. It comes six months in, after the TIE and the padrón are done, in the middle of a conversation about something else. Someone comes twice a week to clean. Or there is a garden that has turned out to be more garden than anyone anticipated. Or — increasingly, and this is the version that matters most — an ageing parent has joined the household and needs a few hours of help a day.

And the question is always framed apologetically, as though it were a confession: is this allowed?

This page is for American retirees and financially independent movers on the non-lucrative visa who employ, or are about to employ, someone in their Spanish home. The short answer is yes, it is allowed, and the reason it is allowed is more interesting than the fact. The longer answer is that the question people ask is not the question that carries the risk. Nobody has ever lost a Spanish residence permit for hiring a housekeeper. People do get into serious trouble for how they hire one — and, uniquely, an American on a non-lucrative visa gets into a different and worse kind of trouble than the Spanish neighbour doing exactly the same thing.

Lola Jurado, immigration lawyer

"They ask me whether they are allowed to have a cleaner, in a lowered voice, as if it were the dangerous part. It is not the dangerous part. The dangerous part is the answer they have already been given by four neighbours, which is to pay her in cash and not complicate things. For a Spanish family that advice is a fine waiting to happen. For a client of mine it is an expulsion file with his name on it. The advice is not wrong because it is illegal. It is wrong because it was written for someone with a different passport."

— Lola Jurado · Immigration lawyer, Ilustre Colegio de Abogados de Málaga (nº 10907)

What the regulation says — and the word it never uses

Start with the actual text, because the actual text is unusually clear and almost nobody reads it.

The non-lucrative residence is now governed by Real Decreto 1155/2024, which replaced the old Reglamento de Extranjería with effect from 20 May 2025. Article 61.1 defines the status:

Article 61.1, Real Decreto 1155/2024: "Se halla en situación de residencia temporal no lucrativa la persona extranjera, así como sus familiares, que hayan sido autorizados a residir en España sin realizar actividades laborales o profesionales." — authorised to reside in Spain without performing labour or professional activities.

Now read the rest of the chapter and watch the grammar. Article 61.2.a) requires sufficient means "sin necesidad de desarrollar ninguna actividad laboral o profesional" — without needing to perform any labour or professional activity. Article 62.1 speaks of those who wish to reside "sin realizar una actividad laboral o lucrativa". Article 64, on renewal, repeats the 61.2.a) formula twice. Four different phrasings, one identical structure: every one of them is built around what you personally do. The subject of the prohibition is you, as the performer of the work.

None of them says anything about what you pay someone else to do. We looked, properly, rather than assuming. Across the entire non-lucrative chapter — articles 60 to 64 of Real Decreto 1155/2024 — the words empleador, empresario, contratar, contratación and emplear appear zero times. The same is true of articles 46 to 51 of the repealed Real Decreto 557/2011, which said nothing about it either, for fourteen years.

So the honest characterisation is this, and we would rather give you the honest one than the comfortable one: the regulation is silent, not permissive. It does not authorise you to employ domestic staff. It simply never contemplates the question, because the prohibition it was drafting was a prohibition on your labour, and paying a housekeeper is not your labour. That is the ordinary reading and we are confident in it. But it is an argument from what the text does not say, and you are entitled to know that is the shape of it.

Key point: the visa forbids you to work. Being an employer is not working — you are not the one performing the activity, and no money flows towards you. Employing someone is the opposite of the thing the visa prohibits: it is a way of spending the passive income you had to prove you had.

There is even a small irony worth noticing. Article 62 required you to demonstrate 400% of the IPREM per month for yourself — €2,400 at the IPREM of €600 a month that has now been in force since January 2023 and is still in force in 2026, carried forward by successive budget prórrogas — plus 100% (€600) for each dependent family member. You proved that income specifically so that you would not need to work. Hiring someone to help you run the household you funded with it is the system operating exactly as designed.

The same mistake, two different prices

Here is the part that changes the shape of this page, and the reason we wrote it.

Everyone in Spain knows that hiring a cleaner off the books is common, that the fine is theoretically large and practically rare, and that half the country does it. Your neighbour will tell you so, kindly, over the wall. What your neighbour does not know — because it has never been a fact about his life — is that the sanction he is describing is not the sanction that applies to you.

Take the worst version first: the person you hire is a third-country national without work authorisation. This is not a hypothetical; it is the most common status of an undocumented domestic worker in Spain, and the arrangement typically begins as a favour and a recommendation rather than a decision.

Article 54.1.d), LOEX (Ley Orgánica 4/2000): it is a very serious infraction to engage in "la contratación de trabajadores extranjeros sin haber obtenido con carácter previo la correspondiente autorización de residencia y trabajo, incurriéndose en una infracción por cada uno de los trabajadores extranjeros ocupados" — one infraction per worker. Under article 55.1.c) a very serious infraction carries a fine "desde 10.001 hasta 100.000 euros".

That is the sanction your neighbour is discounting, and for him he is broadly right to: it is money, and it is rarely pursued for a single domestic worker. But now read the article almost nobody reaches, three provisions later:

Article 57.1, LOEX: "Cuando los infractores sean extranjeros y realicen conductas de las tipificadas como muy graves […] podrá aplicarse, en atención al principio de proporcionalidad, en lugar de la sanción de multa, la expulsión del territorio español, previa la tramitación del correspondiente expediente administrativo y mediante la resolución motivada que valore los hechos que configuran la infracción."

Read that chain slowly, because each link is boring and the result is not. Hiring an unauthorised foreign worker is conduct classified as very serious. You are a foreigner. Article 57.1 therefore permits the administration, subject to proportionality and a reasoned decision, to impose expulsion instead of the fine. And article 57.4 provides that expulsion carries with it, in every case, the extinction of any authorisation to remain legally in Spain.

Article 57.5 does contain shields — but look at who they cover: people born in Spain who have resided legally for five years; long-term residents; former Spanish nationals; recipients of certain permanent incapacity benefits. An American three years into a non-lucrative permit is none of these. Long-term residence takes five years to acquire. So the exposure is at its absolute maximum in years one to five — which is precisely the window in which a retiree is settling into a new house, discovering that the garden is unmanageable, and being told by everyone that a friend of a friend can come on Tuesdays.

The asymmetry, stated plainly: your Spanish neighbour and you hire the same undocumented worker, in the same street, on the same terms. He is exposed to a fine. You are exposed to a fine or to expulsion and the loss of your residence, and the protections against that outcome are written for residents you will not become for five years. Same conduct. Same article. Different consequence — because of the passport of the employer.

Now the milder version, which is far more likely to be your actual situation: the person is Spanish, or EU, or already work-authorised. Article 54.1.d) does not engage at all — it bites only on foreign workers lacking authorisation, and this is a genuine and important narrowing that we want to be fair about. But you have still not registered her with Social Security, and there is a second hook:

Article 31.7, LOEX: "Para la renovación de las autorizaciones de residencia temporal, se valorará en su caso: a) Los antecedentes penales […] b) El incumplimiento de las obligaciones del extranjero en materia tributaria y de seguridad social."

Note what this does and does not say, because the distinction is real. A LOEX fine is not itself a listed renewal criterion — on that, the text is silent. Criminal records are listed. And so, expressly, is failure to comply with your obligations in tax and Social Security matters. Employing someone in your home without registering her is not a peripheral breach of your Social Security obligations. It is the entire content of them. You have no others.

So the reason to do this properly is not that the Spanish state is likely to catch you. It is that you have voluntarily created the only Social Security obligation you will ever have in Spain, and then failed it, in a status where compliance is expressly weighed each time you ask to stay. Everything else about your renewal is a document you can produce. This is the one thing you can quietly get wrong for two years and then have to explain.

What you become on the day she starts

The relationship is not an informal arrangement that the law tolerates. It is a named, regulated, special employment relationship with its own Royal Decree: Real Decreto 1620/2011, "por el que se regula la relación laboral de carácter especial del servicio del hogar familiar".

Article 1.3 tells you who the employer is, and it is worth quoting because Americans expect there to be a formality they have missed:

Article 1.3, Real Decreto 1620/2011: "se considerará empleador al titular del hogar familiar, ya lo sea efectivamente o como simple titular del domicilio o lugar de residencia en el que se presten los servicios domésticos."

That is all it takes. You are the householder; therefore you are the employer. There is no registration to opt into, no threshold to cross, no company to form, and — we checked this specifically, because it is the obvious question — no nationality or immigration requirement of any kind. The words nacionalidad, extranjero and any equivalent appear nowhere in the Royal Decree. It never occurred to the drafters that the householder might not be Spanish, and their silence works in your favour.

Article 1.4 defines the work, and it is broader than most people assume — it expressly covers household tasks, running or caring for the home in whole or in part, "el cuidado o atención de los miembros de la familia o de las personas que forman parte del ámbito doméstico o familiar", and then names the ones people wrongly think are different jobs: "guardería, jardinería, conducción de vehículos y otros análogos". Childcare, gardening and driving are household service. Your gardener is not a contractor because he works outdoors, and your driver is not a contractor because he has a licence. If they work for your household, under your direction, for pay, this is the regime.

What follows from it, in the order you will meet it:

And if she lives in — the "interna", still common in Andalucía for elder care — a further set of rules that exist precisely because live-in work has a history: rest between shifts of twelve hours, reducible to ten for a live-in with the balance compensated within four weeks (art. 9.4); at least two hours a day for main meals, not counted as working time (art. 9.4); thirty calendar days of holiday, during which she is not obliged to remain in the family home or to travel with the family (art. 9.7); and, if she falls ill, the right to stay lodged in the home for a minimum of thirty days unless hospitalisation is medically advised (art. 10.3).

The word Spain deleted in 2022

If you read one section of this page, read this one, because it is the largest single gap between what an American assumes and what is true.

American domestic employment is at-will. You may end it on Tuesday, for any reason or none, and the only question is whether you were kind about it. Spanish household employment used to have a close analogue called desistimiento: the employer could withdraw from the relationship freely, without cause, on notice and with compensation. Every English-language article written before 2023 — and a great many written since — still describes this regime.

It was deleted. Real Decreto-ley 16/2022, of 6 September, rewrote article 11 with effect from 9 September 2022. Desistimiento is gone from the operative text. What replaced it is a closed list of three justified causes:

  1. A drop in the household's income or a rise in its expenses through a supervening circumstance.
  2. A substantial change in the household's needs justifying dispensing with the worker.
  3. Conduct by the worker reasonably and proportionately grounding a loss of confidence.

And the procedure is not a formality:

Article 11.2, Real Decreto 1620/2011 (as amended): the decision "deberá comunicarse por escrito", stating "de modo claro e inequívoco" the employer's will to end the relationship and the cause. "Simultáneamente a la comunicación de la extinción", the employer must place at the worker's disposal compensation of "doce días por año de servicio con el límite de seis mensualidades". Notice: at least 20 days if she has served over a year, otherwise 7 — replaceable by payment in lieu. During notice, a full-time worker is entitled to six hours a week off, paid, to look for work.

Miss the writing, or fail to put the compensation at her disposal, and article 11.3 presumes that you elected the Statute of Workers dismissal regime instead — an expensive presumption to trigger by accident. (An excusable arithmetic error in the compensation, or failing to give notice, does not trigger it; you simply owe the right amount.)

There is a subtlety here that matters and that we would rather you heard from us than from a blog: the money did not change. Twelve days per year, capped at six months, is exactly what desistimiento paid. It is therefore tempting to conclude that nothing happened in 2022 except a rename. That is wrong. The money is the same; the test is completely different. Before, you needed no reason. Now you need one of three reasons, and you must write it down, and having written it down you have created a document that can be tested. "It wasn't working out" is not one of the three. "I have decided to spend six months a year in the US" might genuinely be the second one. Which sentence you write is now a legal decision.

And then the rule that stops every client in the conversation, which we include because it tells you what kind of statute this is:

Article 11.4: "La decisión extintiva no podrá llevarse a cabo respecto de la empleada o empleado interno entre las diecisiete horas y las ocho horas del día siguiente", unless the extinction is motivated by a very serious breach of the duties of loyalty and trust.

You may not dismiss a live-in employee in the evening or at night. The provision exists because the alternative is putting a human being out of the only door she has after dark. It is a good rule. It is also a precise measure of the distance between Spanish household employment law and the American intuition that this is a private arrangement between two adults.

One honest footnote, because you may go looking. If you read the consolidated text on the BOE, you will find the word desistimiento still appearing in the 2011 preamble, in article 10.2, and in the first transitional provision — with cross-references to an "article 11.3" that no longer says what they assume. Real Decreto-ley 16/2022 rewrote article 11 and left those references stranded. They are legislative loose ends, not a surviving right of free withdrawal. Do not let an out-of-date summary — or a stale preamble — tell you the old regime is alive.

The duty that arrived in November 2025

This one is new enough that your Spanish neighbour probably does not know it either, which for once is genuinely comforting.

Until 2022 the Prevention of Occupational Risks Act (Ley 31/1995) expressly excluded household service from its scope. Real Decreto-ley 16/2022 removed that exclusion and inserted a new provision requiring effective protection of the health and safety of household workers "en los términos y con las garantías que se prevean reglamentariamente" — and gave the Government six months to write the rules. It took two years. The result is Real Decreto 893/2024, of 10 September, in force since 12 September 2024.

What it asks of you, as a private individual in your own home:

You are not expected to become a safety engineer. Article 7.1 lets you assume the preventive activity personally, designate a worker, or contract an external prevention service; and article 7.2 says you may assume it personally provided you have the relevant capacity or "la capacidad suficiente para utilizar correctamente la herramienta" — the official tool. That tool exists, it is free, and it was built for exactly this: the INSST published it on 14 May 2025 at Prevencion10.es. An hour with it discharges the core of this.

Timing, because it decides whether this is live: under disposición final quinta the obligations were not demandable until six months after the tool was made available. The tool arrived on 14 May 2025, which puts enforceability from around mid-November 2025. We give it as a computation rather than an official date, because the Ministry announced only that the process had to be complete "before next November" and the BOE fixes no calendar date.

Three pieces of proportion, so you do not over-read this:

Honest limits: Real Decreto 893/2024 contains no sanctions regime at all — we searched the full text for infracción, sanción and any reference to the LISOS and found nothing, and article 1.2 states that risk prevention in this relationship "se regirá por lo previsto exclusivamente en esta norma". Whether the general sanctions regime reaches a defaulting household employer is an open interpretive question and we are not going to answer it with a number we cannot source. Separately, disposición adicional cuarta expressly disapplies the recargo de prestaciones — the surcharge on benefits after an accident — to household workers. And two duties are not yet demandable: the training under article 5.3 awaits a SEPE resolution, and the medical check under article 8.2 awaits the development in disposición adicional sexta. On who pays for that check, the Royal Decree is silent, and we will not invent an answer.

One more, for accuracy rather than for you: on 29 September 2025 the Supreme Court annulled disposición final primera of this Royal Decree. It does not touch you. That provision concerned home-help services provided by companies, and was challenged by the sector's employer associations. The regime for the private householder stands.

Four traps in how Americans actually live here

These are not general risks. They are the four that recur specifically among our own clients, because of how this particular group tends to live.

1. The one who also cleans the rental

Very common, because so many US retirees buy a second property and let it. Article 2.3 of Real Decreto 1620/2011 presumes a single ordinary employment relationship — not the special household one — where a worker who provides domestic services in your home must also, with any periodicity, perform "otros servicios ajenos al hogar familiar en actividades o empresas de cualquier carácter del empleador". Rebuttable only by proving the non-domestic work is marginal or sporadic. Trigger it and you are outside the household regime entirely — and you have an employee in a business activity while holding a residence premised on not having one. If you let property, see how that income is taxed in our page on rental income for landlords, and keep the cleaning of the let flat structurally separate from the cleaning of your home.

2. The carer who arrives with the parent

An ageing parent joins the household; someone comes for a few hours a day. Two things to know. Article 2.1.c) and 2.1.d) exclude professional carers contracted by public institutions or private entities under the dependency legislation, and non-professional family carers — neither of which is your situation if you are hiring privately. So you are in the regime. But this is also the one case with a real US tax consequence in your favour: see the US side below.

3. The au pair who is not one

Article 2.2 excludes "a la par" arrangements — but only where the services are of marginal character and given in exchange for meals, accommodation or simple reimbursement of expenses, and even then only "salvo prueba en contrario que acredite su naturaleza laboral". Someone running your household on real hours is an employee whatever you call the arrangement, and the burden of proving otherwise is yours.

4. The gap between the visa and the household

The one that catches people who are otherwise careful. Your own status is squeaky clean; you have never worked a day in Spain; your income proof is immaculate. And there is someone in your house, twice a week, for three years, unregistered — because the arrangement started before you thought of yourself as an employer and nobody ever suggested that a cleaner was an immigration matter. It is not one. It is a Social Security matter, and article 31.7.b) of the LOEX is what turns a Social Security matter into an immigration matter at renewal.

What it costs in 2026, with the numbers

Most clients over-estimate this badly — they have heard "half again on top" and budget accordingly. The real figure is closer to a fifth.

The floor for an external worker paid by the hour is set each year in the minimum wage decree. For 2026 it is Real Decreto 126/2026, of 18 February (BOE of 19 February 2026), which raised the general SMI by 3.1% to €1,221 a month, €40.70 a day, €17,094 a year. And in article 4.2, the figure you actually need:

Article 4.2, Real Decreto 126/2026: "el salario mínimo de dichas empleadas y empleados de hogar será de 9,55 euros por hora efectivamente trabajada" — and, critically, that rate "incluye todos los conceptos retributivos". Holiday pay and the two extra payments are already inside the €9.55. You do not add them on top. This is the most common single error we see.

Contributions run on a bracket scale, not on actual salary. The move to actual salary has been suspended again for 2026; Orden PJC/297/2026, of 30 March, keeps the scale in its article 15.1. The relevant brackets:

BracketMonthly payContribution base
3rd€510.01 – €693.00€602.00
4th€693.01 – €877.00€785.00
5th€877.01 – €1,061.00€970.00
6th€1,061.01 – €1,242.00€1,151.00
7th€1,242.01 – €1,424.40€1,424.40
8thFrom €1,424.41Actual monthly pay

Worked example — a housekeeper, twenty hours a week, external, at the 2026 floor:

The number: employer contributions ≈ €174.83 a month (≈ €2,098 a year) on top of a wage of ≈ €827.67. All-in cost ≈ €1,002 a month. The contributions are about 21% on top of the wage — not 50%. And note what the €2,098 buys her: healthcare cover, a contributory pension record, and, since 2022, unemployment protection.

That last point deserves its own sentence, because it is the reason all of this exists. Household workers were excluded from unemployment protection until the Court of Justice of the European Union held, on 24 February 2022 in case C-389/20, that the exclusion was indirect discrimination on grounds of sex contrary to Directive 79/7. The preamble to Real Decreto-ley 16/2022 sets out the Spanish state's own figures: 95.53% of the Sistema Especial is women. That judgment is why contributions for unemployment and FOGASA became obligatory on 1 October 2022, and why you cannot simply dismiss at will any more. The two changes are the same change.

One planning note on the bonificaciones. You will find pages describing a 45% or 30% reduction based on the household's income and assets. Read the dates: under disposición final séptima.4 of Real Decreto-ley 16/2022 that one takes effect only when the implementing regulation appears, and we have not found it. Plan on the 20% and the 80%, which are in force. And do not confuse it with the old 45% for large families — that was article 9 of Ley 40/2003, which the same Royal Decree-law repealed, preserving it only transitionally for those already receiving it.

The US side: no nanny tax, one exception, one deduction

Americans arrive braced for the nanny tax. Schedule H is one of the few pieces of US household-employment compliance that ordinary people know by name, and they assume it follows them.

It does not — but we want to be careful about why, because the obvious source is a dead end. IRS Publication 926, the Household Employer's Tax Guide, says nothing whatever about work performed outside the United States. Not a word, in either direction. If you go looking there for reassurance you will find silence and read it as whichever answer you arrived with.

The answer is in the statute:

IRC §3121(b): "employment" means service performed "by an employee for the person employing him, irrespective of the citizenship or residence of either, (i) within the United States" — or, under subparagraph (B), performed "outside the United States by a citizen or resident of the United States as an employee for an American employer". And §3121(h)(2) defines "American employer" as, relevantly, "an individual who is a resident of the United States". §3306(c) does the same work for FUTA.

Apply it. The work is performed in Spain, so the first route fails — and note that the statute expressly says citizenship and residence are irrelevant to that route; only the place of performance counts. The second route fails twice over: your housekeeper is not a US citizen or resident, and you, living in Spain, are not "an individual who is a resident of the United States". No Schedule H. No FICA. No FUTA.

Two caveats we will not bury:

But there is one item on the other side of the ledger, and it is worth real money to the client whose parent has moved in. IRS Publication 502 allows nursing services as a medical expense, and it imposes no geographic limitation — we searched it for "foreign", "outside the United States" and "abroad", and it is silent, which here means unrestricted:

IRS Publication 502, "Nursing Services": "You can include in medical expenses wages and other amounts you pay for nursing services. The services need not be performed by a nurse as long as the services are of a kind generally performed by a nurse. This includes services connected with caring for the patient's condition, such as giving medication or changing dressings, as well as bathing and grooming the patient." And the allocation rule: where the attendant also provides household services, the payment "must be divided" — Pub. 502's own example allows $270 of a $300 weekly payment where 10% of the time is household work.

So a Spanish carer performing nursing-type services for you, your spouse or a dependant can generate a US medical expense deduction, subject to the 7.5% of AGI floor and to itemising. It requires you to record the split between care and housework, which is exactly the record the Spanish side already pushes you towards. One thing we cannot tell you: whether your Spanish employer Social Security contributions are includible as part of that expense. Pub. 502 lists only US employment taxes, we found no authority addressing foreign contributions, and we are not going to guess. Ask your US adviser, and if this matters to your numbers, read it alongside what happens to your Medicare.

You and your Spanish neighbour, side by side

Your Spanish neighbourYou, on a non-lucrative visa
May he/you employ domestic staff?YesYes — the prohibition is on your labour, and RD 1155/2024 is silent on employing
Registration with Social SecurityObligatory from hour oneIdentical — no exception, no nationality requirement
Hires an unauthorised foreign workerFine of €10,001–€100,000, per worker (arts. 54.1.d, 55.1.c)Same fine — or expulsion instead, under art. 57.1
Protection against that outcomeNot applicable — he is not expellableArt. 57.5 shields long-term residents. You are not one until year five.
Fails to register a Spanish/EU workerSocial Security exposureSame — plus art. 31.7.b) weighs it at every renewal
Can dismiss at will?No — desistimiento abolished 9 Sept 2022No. Identical. Three justified causes, in writing, indemnity simultaneous.
Risk assessment duty (RD 893/2024)Yes, since ~Nov 2025Yes. Identical. Free tool at Prevencion10.es.
US Schedule H on the wages—No — §3121(b) and §3306(c) require work in the US or an American employer
Net positionSame duties, and money is the worst caseSame duties, and the residence is the worst case

What we actually do

This is a small matter that is capable of becoming a large one, and it responds extremely well to being handled once, at the start, properly. The work looks like this:

  1. Check her status before anything else. Spanish or EU: article 54.1.d) never engages and you are in an ordinary compliance exercise. Third-country national: do not proceed on a recommendation and a handshake. This is the single question that separates an administrative task from an immigration risk, and it takes one conversation to answer.
  2. Register her before the first day, not after the first month. The alta is the whole of your Social Security compliance. There is no threshold to hide under any more — the under-60-hours option died on 1 January 2023.
  3. Write the contract even though article 5 does not strictly force you to. The default in the absence of writing is indefinite and full-time. If you want part-time and defined, the document is what makes it so. Put the hours, the in-kind arrangement and the presence time in it (art. 5.4).
  4. Do the risk assessment on Prevencion10.es and keep the copy you gave her. An hour. It is documentation you either have or, three years on, do not.
  5. Keep the household and any let property apart. Article 2.3 is the trap that turns a housekeeper into a business employee and puts an economic activity next to a visa that is premised on your not having one.
  6. Before you end it, call us — not after. The written cause and the simultaneous indemnity are the whole of article 11.2, and article 11.3 punishes getting either wrong. This is the one step where an afternoon of advice is worth what it costs.

We are immigration lawyers, and part of this is labour law and part is US tax; the household contract and the payroll are things we will bring the right person in for, and the Schedule H question belongs to your US adviser. What is ours is the piece nobody else in the chain is looking at: that you are a foreigner, that article 57.1 exists, and that a Spanish labour-law adviser handling this for the hundredth time is — reasonably, and correctly for his other ninety-nine clients — not thinking about your residence permit at all.

There is a version of this page that would tell you to keep it simple and pay cash like everyone else. Everyone else is right about the odds and wrong about the stakes. The cost of doing it properly is about €175 a month and an hour of paperwork. The cost of the other thing is not money.

Frequently asked questions

Can I hire a housekeeper if my visa says I cannot work?

Yes, and the reason is worth stating precisely. Article 61.1 of Real Decreto 1155/2024 describes the non-lucrative holder as someone authorised to reside in Spain "sin realizar actividades laborales o profesionales" — without performing labour or professional activities. Every formulation in that chapter is built around what you do. None of them addresses what you pay someone else to do. We searched the whole non-lucrative chapter, articles 60 to 64: the words empleador, empresario, contratar, contratación and emplear appear zero times. So the regulation is silent on employing someone, not permissive — it simply never contemplates the question. The prohibition is on your labour, and paying a housekeeper is not your labour. That is our reading and it is the ordinary reading, but it is an argument from what the text does not say, and you should know that is what it is.

What actually happens if I pay my cleaner in cash, like everyone tells me to?

Two things that do not happen to your Spanish neighbour. First, if she has no work authorisation, article 54.1.d) of the LOEX makes hiring her a very serious infraction, counted separately for each worker, carrying a fine of €10,001 to €100,000 under article 55.1.c). Second — and this is the part almost nobody knows — article 57.1 says that where the infractor is a foreigner and the conduct is a very serious one, the authorities may impose expulsion from Spanish territory instead of the fine. The protections in article 57.5 cover long-term residents and people born in Spain. A temporary non-lucrative resident is neither. Separately, even if she is Spanish or EU and article 54.1.d) never engages, failing to register her with Social Security is a breach of your Social Security obligations, and article 31.7.b) of the LOEX says that is expressly weighed when you renew your residence. Your neighbour risks money. You risk the residence.

Can I just let her go if it is not working out?

No, and this is the single largest gap between American and Spanish expectations. Until September 2022 Spanish law had desistimiento: the household employer could end the relationship freely, without giving a reason, on notice and with compensation. Real Decreto-ley 16/2022 deleted it. Article 11.2 of Real Decreto 1620/2011 now allows extinction only for one of three justified causes — a drop in household income or rise in expenses through supervening circumstance, a substantial change in the household's needs, or conduct by the worker that reasonably and proportionately grounds a loss of confidence. It must be communicated in writing, stating the cause clearly and unequivocally, and the compensation — twelve days' salary per year of service, capped at six months' pay — must be placed at her disposal at the same moment. Get the writing or the compensation wrong and article 11.3 presumes you chose the Statute of Workers dismissal regime instead, which is a much more expensive place to be. There is also a rule that surprises everyone: under article 11.4 you cannot dismiss a live-in employee between 5pm and 8am the following day, unless it is for a very serious breach of loyalty and trust.

Do I really have to do an occupational risk assessment for my own home?

Yes, and it is recent enough that most people in Spain do not know it either. Real Decreto-ley 16/2022 removed the exclusion of household service from the Prevention of Occupational Risks Act, and Real Decreto 893/2024 then set out what a private householder must do. Article 3 requires an initial risk assessment, updated when conditions change, and if it shows risks you must adopt preventive measures, document them in writing with the date of adoption, and give the worker a copy. Article 4 requires suitable work equipment and personal protective equipment. The obligations were not enforceable immediately: under disposición final quinta they became demandable six months after the Ministry published the official tool, which the INSST presented on 14 May 2025 — so from around mid-November 2025. The tool itself is free at Prevencion10.es and is designed for exactly your situation. Two things are not yet demandable: the training under article 5.3 awaits a SEPE resolution, and the medical check under article 8.2 awaits the health-system development in disposición adicional sexta.

What does a part-time housekeeper actually cost me in 2026?

For an external worker paid by the hour, the floor is €9.55 per hour actually worked, set by article 4.2 of Real Decreto 126/2026. Read that article carefully: the rate "incluye todos los conceptos retributivos" — it already contains the holiday pay and the two extra payments, so you do not add them on top. That is the single most common error we see. On twenty hours a week that is roughly €828 a month, which places you in the fourth bracket of the Sistema Especial scale in article 15.1 of Orden PJC/297/2026, giving a contribution base of €785. On that base, after the 20% reduction on common contingencies and the 80% bonificación on unemployment and FOGASA established in disposición adicional primera of Real Decreto-ley 16/2022, the employer's monthly contributions come to roughly €175. So call it about €1,000 a month all-in, of which around €828 is her wage. The contributions are roughly a fifth on top of the wage, not the half that many people fear.

Do I owe the US nanny tax on wages I pay in Spain?

Almost certainly not, but not for the reason you will find if you go looking. IRS Publication 926, the Household Employer's Tax Guide, says nothing at all about work performed outside the United States — it is silent in both directions, so do not rely on it. The answer is in the statute. Section 3121(b) defines employment as service performed, irrespective of the citizenship or residence of either party, within the United States; or performed outside the United States by a US citizen or resident working for an "American employer". Your housekeeper's work is not in the United States, she is not a US citizen or resident, and section 3121(h)(2) defines an American employer as, relevantly, an individual who is a resident of the United States — which you are not, once you genuinely live in Spain. Section 3306(c) does the same job for FUTA. So no Schedule H, no FICA, no FUTA. The exception that matters: a snowbird who has not genuinely relocated is still a US resident, and if that person employs a US citizen abroad, both prongs are met and Schedule H is due. The conclusion rests on your actually being non-resident, and "resident of the United States" in section 3121(h)(2) is not defined there and is not the income tax residency test.

My housekeeper also cleans the apartment we rent out. Is that a problem?

It is a real one, and it is the trap most likely to catch an American retiree specifically, because so many buy a second property and let it. Article 2.3 of Real Decreto 1620/2011 presumes a single ordinary employment relationship — not the special household one — where a worker who provides domestic services in your home must also, with any regularity, perform other services outside the household in any activity or business of the employer. The presumption is rebuttable only by showing the non-domestic work is marginal or sporadic. If it applies, you are outside the household regime entirely: ordinary Social Security, ordinary dismissal law, ordinary everything, and a business activity in the frame while you hold a visa premised on not having one. Keep the two things apart. Cleaning between guests at a let property is not household service, and treating it as if it were is how a simple arrangement becomes complicated.

Can I take her on as an au pair instead, to keep it simple?

Usually not, if what you actually want is a housekeeper or a carer. Article 2.2 of Real Decreto 1620/2011 keeps "a la par" arrangements outside the special relationship, but only on conditions that most real arrangements fail: the services must be marginal in character, they must be exchanged for meals, accommodation or simple reimbursement of expenses, and the exclusion applies "salvo prueba en contrario que acredite su naturaleza laboral" — unless it is proved that the relationship is in truth an employment one. Marginal is doing the words a lot of work there. Someone who runs your household, or who cares for you or for your parent for real hours on a real schedule, is an employee whatever the arrangement is called. The label does not decide it; the substance does, and the burden of showing the arrangement is what you say it is falls on you.

Sources reviewed July 2026. Immigration: Ley Orgánica 4/2000 (LOEX), consolidated text, arts. 31.5, 31.7, 36.1, 36.4, 36.5, 54.1.d), 55.1, 57.1, 57.3, 57.4 and 57.5; Real Decreto 1155/2024, de 19 de noviembre (BOE-A-2024-24099), arts. 60, 61.1, 61.2, 62 and 64, which repealed Real Decreto 557/2011 with effect from 20 May 2025 (the term scan reported here — empleador, empresario, contratar, contratación, emplear: zero occurrences — was run across arts. 60–64 of RD 1155/2024 and arts. 46–51 of RD 557/2011). Household employment: Real Decreto 1620/2011, de 14 de noviembre (BOE-A-2011-17975), consolidated text (last updated 8 September 2022), arts. 1.2, 1.3, 1.4, 2.1, 2.2, 2.3, 5, 6.2, 7.2, 8.2, 8.5, 8.6, 9.4, 9.7, 10.3, 11.1–11.4 and disposición adicional primera; Real Decreto-ley 16/2022, de 6 de septiembre (BOE-A-2022-14680), arts. primero, segundo, tercero, quinto and sexto, disposición adicional primera and segunda, disposición transitoria segunda y tercera, disposición derogatoria única and disposición final séptima; STJUE de 24 de febrero de 2022, asunto C-389/20 (quoted in the preamble to RDL 16/2022, together with the TGSS figure of 95.53% for May 2021). Risk prevention: Ley 31/1995, disposición adicional decimoctava (added by RDL 16/2022); Real Decreto 893/2024, de 10 de septiembre (BOE-A-2024-18182), in force 12 September 2024, arts. 1, 2, 3, 4, 5, 7 and 8, disposiciones adicionales primera, segunda, cuarta and sexta, and disposición final quinta; INSST announcement of the Prevencion10.es tool, 14 May 2025 (the mid-November 2025 enforceability date is a computation from disposición final quinta.2, not a date published in the BOE); Sentencia del Tribunal Supremo de 29 de septiembre de 2025 (BOE-A-2025-20797), annulling disposición final primera of RD 893/2024. Figures: Real Decreto 126/2026, de 18 de febrero (BOE-A-2026-3815), arts. 1, 3.1 and 4.2; Orden PJC/297/2026, de 30 de marzo (BOE-A-2026-7296), arts. 15 and 16 (unemployment and FOGASA rates verified against Seguridad Social's published tables rather than the BOE text); Ley 31/2022, disposición adicional nonagésima (IPREM of €600/month, still in force in 2026 by budget prórroga). United States: IRC §3121(b), §3121(h), §3306(c) and §3306(j)(3); IRS Publication 926 (2026) — which contains no reference to work performed outside the United States; IRS Publication 502 (2025), "Nursing Services".

This page is general information about Spanish immigration and residence planning. It is not legal, tax, labour or US tax advice. Whether you may employ someone in your circumstances, how the contract should be drafted, what your Social Security and risk-prevention obligations are, how any termination must be handled, and whether any US filing or deduction applies to you must be confirmed for your own facts with Spanish labour and US tax advisers before you rely on them. Spanish figures for 2026 rest in part on a budget prórroga and may change; the risk-prevention enforceability date given here is a computation. Last verified 18 July 2026.

Staff at home and your residence

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Their nationality, roughly how many hours, whether they live in, whether they also touch any property you let, and whether the arrangement has already started. Those five facts decide whether this is an hour of paperwork or something we need to unwind carefully.

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An hour of paperwork, or an expediente

Nobody loses a residence permit for hiring a housekeeper. People do get into trouble for how they hired one — and the article that turns a fine into an expulsion is written for foreigners, which your Spanish adviser has no reason to be thinking about. It is a small thing to get right at the start and a large one to unwind later.

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