Workers moving abroad
As a general rule, expatriated workers are subject to the Social Security legislation of the country where they are working. However, if this is a temporary transfer, they can remain under Spanish legislation in accordance with the terms and requirements given below:
It is applicable to workers of any nationality.
For workers employed by another person who work for a Spanish company and are sent by it to work temporarily in Australia and for workers who are self-employed in Spain and temporarily move to Australia to work, the corresponding transfer certificate should be applied for at a Provincial or Administrative Office of the General Treasury of the Social Security.
The company or self-employed worker must make the application on form TA.200 "Application to remain under Spanish Social Security legislation - Initial expatriations" together with formE/AUS.1(Cert.) "Certificate of applicable legislation", filled out in triplicate.
The form issued by the local Provincial or Administrative Office certifies that the worker continues to be subject to Spanish Social Security legislation during his or her stay in that country and therefore is exempt from Australian Social Security contributions.
Period of authorisation
The maximum length of time for the transfer is five years.
If employees or self-employed workers have to extend their stay in that country for more than the initial five years, the employer or worker must apply to the General Sub-Directorate for Affiliation and Special Procedures of the Treasury General of the Social Security for an extension to remain under Spanish Social Security legislation. This must be done far enough in advance before the end of the authorised period.
The application for an extension must be made on form TA.202 "Application to remain under Spanish Social Security legislation in accordance with |art. 17 of EEC 1408/71 Regulation and other extensions of Bilateral Agreements" and, if applicable, form E/AUS.2 (Cert.) will be issued by the General Sub-Directorate for Affiliation and Special Procedures of the TGSS.
The General Sub-Directorate for Affiliation and Special Procedures of the Treasury General of the Social Security will give its approval on this form.
Period of authorisation
No maximum length of time for the extension is specified in the Agreement.