I really need some help on this one.

I am looking at the option of becoming Autonomo if it is possible to remain ‘cotizando’ while I am without a contract.  I am currently with only 4 months cotizado this year as other months were paid in black.  My visa is up for renewal next spring so I know I need to be cotizando.  Can I do this, and what would it cost me?

Also, long term I am looking to open a business so I know I will need to eventually become Autonomo, but in the meantime I would like to know if it is possible is could I work outside of Spain and maintain my residency?  (As we all know jobs are difficult to come by here at the moment)  And if so, for how long could I be away or how often would I need to return.

Also could I apply for Autonomo and if need be return to Trabajador status in the future?

For the record I am a Non-EU citizen.

Any insight would assist!  Thanks.

chef,
what kind of residence permit do you have? for how long is it?

aritz - 08 October 2010 12:14 AM

chef,
what kind of residence permit do you have? for how long is it?

Hi Aritz,

I have a work and residence permit `TEMPORAL CTA AJENA PRIMERA REN.?

This is my second one and it is for two years.

chef,
you have a permit for two years and you only contributed 4 months to social security.
one of the main reasons for granting permits to foreigners is to be able to collect social security contributions, but if they do not contribute, what is the point of renewing their working resident permits?
there is a minimum number of months that you have to contribute per year, i think it is 6 months or 6 months prior to renewal.
if you are not employed and it is time for you to renew you have to be registered in the inem as a jobseeker.
somebody can hire you as empleado de hogar to cover the months you have to contribute.
you can stay outside spain for six months, otherwise the residence is cancelled.
if you are within the schengen area there are no exit and entry stamps in your passport, but we do not know how the police are developing methods to discover this.
when you have the the permanent resident card you can be autonomo, both for hacienda and the social security. right now you can only be an employee with the social sec, unless you change your status but that would require investment, etc….

No, actually my renewal for 2 years was in may 2009. and in that time up until now, I have contributed 12 months, but I was understanding that it was per calendar year with a minimum of 6 months contribution.  Is that correct?

So with my current residence, I could be outside of Spain for 6 months?  Meaning I could go work elsewhere?  For me, finding work here is challenging at my level, so it would financially behoove me to look outside.  And would that work only within the Schengen area?  Or could it workd if I worked back in the US or offshore?

I am thinking autonomo may work, because to open a business I will eventually have to do that.  What is the investment involved?  At that point would it be easier for me to word outside of Spain, maybe seen as consultancy?

Thanks Aritz!

Chef - 09 October 2010 05:52 PM

No, actually my renewal for 2 years was in may 2009. and in that time up until now, I have contributed 12 months, but I was understanding that it was per calendar year with a minimum of 6 months contribution.  Is that correct?

http://www.intermigra.info/extranjeria/archivos/impresos/IMprCAj.pdf

So with my current residence, I could be outside of Spain for 6 months?  Meaning I could go work elsewhere?  For me, finding work here is challenging at my level, so it would financially behoove me to look outside.  And would that work only within the Schengen area?  Or could it workd if I worked back in the US or offshore?

6 months outside spain. it is harder to detect the absence of 6 months in spain if you just travel within the schengen area, since there are no exit and entry stamps.  if you go to the usa, for example, there will be exit and entry stamps on your passport. or the police may just swipe your card in a reader and your exit is recorded, even if you get a new passport on your return.

I am thinking autonomo may work, because to open a business I will eventually have to do that.  What is the investment involved?  At that point would it be easier for me to word outside of Spain, maybe seen as consultancy?

autonomos like employess have to contributed to renew the working resident permit, the minimum is even higher. just wait till you get the permanent card to avoid too much paperwork if you want to switch between employee and self employed.
and talk to a lawyer. when you are about to do this.

Thanks Aritz!!  I will try and respond here since I am not really sure yet how you answered while quoting.

The link is a great help, I appreciate it.

So if I went outside of Spain to work and still returned regularly, and possibly had a contract here that only payed my seguridad social or was autonomo, would they be aware if I was contracted somewhere else?  in or out of the Schengen area?

Yes I am aware that autonomos have to contribute as well, but it seem like the minimum is less than what I have paid monthly when contracted.  I will talk to a lawyer, am looking for one here in my area.  But what were you referring to about waiting for my permanent card?  My nationality?  Cause I believe that will be another 4 years or so, and I cant wait that long.  Most of the paperwork I understand can be done fairly easily with the help of a gestor.

Aritz, I owe you a cortado or a cervesa!!!