Importance of Padron or town Register

[Roger]

PADRON AND RESIDENCIA

Some people have been advised by their lawyers and finance advisers not to register on the Town Hall Padron, while other advice is that everyone should register.
This is the legal situation.
_____________________________________________________________________________
PERMANENT OR LONG TERM RESIDENTS
If you are living here for more that 3 months continuously then you MUST register on the Town Hall Padron.
This is compulsory, it is not optional.
If you move from another town you must inform your new town, who will remove you from the Padron in your previous town.
If you move address within your current town you must amend your Padron at the Town Hall.
This applies to everyone, irrespective of nationality.

You have to renew your Padron every 2 years if you are NOT a permanent resident, every 5 years if you are a permanent resident.
Do not confuse the Padron Registration in the national computer with the Certificate of Empadronomiento, which may require a current date stamp to use it for legal transactions.

WHAT IS THE PADRON?
It is a continual census of residents in Spain. It is administered by the National Police, on behalf of the National Institute of Statistics (INE).
It is used by the Government to determine the need for services such as health and education.
It is also used by the Government to decide how much annual grant to award to each town, and to determine the maximum salary which the Mayor can receive and how many Councillors can receive payment.

The Padron is not a requirement for visitors and short term tourists. When signing on the Padron you are declaring that this is your habitual residence, taken as 3 months or more.

PERMANENT RESIDENCIA
If you are here for more than 6 months you are required by EU and Spanish law to apply for Residencia.
There are financial and medical insurance requirement to fulfill for the application to be successful.
Some people have not applied for Residencia on the belief that it is optional, and that as EU citizens they can live where they want in the EU.
This does not remove the obligation to register, and the situation will probably change after Brexit.

If you do not renew your Padron when required every 5 years the National Police will remove you from the Padron and you will lose your Residencia, which may affect any rights to health and other care.
_________________________________________________________________________
HOLIDAY HOME OWNERS WITH THE INTENTION TO MOVE PERMANENTLY
We do not know how Brexit may affect your future residence rights.
My advice is to apply now for Residencia, prior to Brexit.
________________________________________________________________________
TEMPORARY VISITORS
As previously stated there is no requirement to register on the Padron. In fact to do so would be to mislead the INE as to the number of habitual residents in the town. To sign on the Padron you are stating on a legal document that you are a HABITUAL resident of the town.
HOWEVER this presents a problem for the Town Hall, which is asking house owners who are temporary residents to sign on the Padron.
In Arboleas there are around 4700 people on the Padron, which is one reason why we have a Medical Centre twice as large as we require.
The true figure of HABITUAL residents I estimate to be 1500 Spanish, and 1000 British and others.
Around half of the Town's income comes from Government grant, linked to the number of people on the Padron.
Therefore if the true figure were registered the Town would lose around 25% of its income.

This is a problem for a town like Arboleas, which is probably unique in having such a high proportion of tourists based in holiday homes, but not benefiting like towns on the coast which gets income from hotels and other tourist facilities and grants.

[JessicaH]

Just received similar paperwork, via post, here in Lorca.
This is more in the order of a census of foreigners.  Nothing like signing on at the empadronamiento.....no fee or getting another piece of paper.
We just have to take this paper and our original NIE paperwork and passports to town hall where an employee will acknowledge our existence.
Simples..

[Tetley]

We can never understand how long they last for some says 3 months,3 years or 5 years it's a little confusing

the paper copy is valid for 3 months ie to present as proof of address ect ie like a bank in the uk asking for a utility bill valid within 3 months

if your on the over 90 day stay register for EU Citizens  commonly termed "residencia " its a 5 year  padron renewal

if your not on the over 90 day stay register  or not an EU Citizen its a 2 year padron renewal (ie not every EU Citizen  can get over 90 day  stay permision but has EU Citizenship or is not an EU Citizen )

the NIE  number stays with a person for life ie its your fiscal refrence number for non SP citizens ie allows you to purchase stuff and is used as a state refrence to what you own within spain

The padron is your Spanish Administrative base of a persons habitual residency ie its the first thing the Spanish Administration refrences to see were you live and if you have declared yourself an habitual resident of your town/spain

if a person hasent renewed they may be taken off after 2 or 5 years

to go back on,the person will need either an official rental contract of deeds/sales contract for there home to go back on the padron.(or be part of a family at the residence )

this is very important now with Brexit on its way to confirm your residency in Spain pre Brexit .

[JamesBond]

Same with NIE's, they seem to last 5 mins in some places 5 years elsewhere. The more you try to comply the more they fry yer brains.

[Sueandandyb]

We can never understand how long they last for some says 3 months,3 years or 5 years it's a little confusing

[Halcombe7]

As a UK resident who owns a house in Arboleas which I use multiple times a year, should I be registered on the padron? I have received conflicting advice (not surprising on a forum), but as I read this - "Sus datos constituyen prueba de la residencia en el municipio y del domicilio habitual en el mismo." - I would guess I should not be registered.

I am currently registered as I was advised and believed it assisted the Ayuntamiento in gaining additional funding, but I'd be grateful for official clarification of whether I should be registered or not.

[Tetley]

Just out of interest for the interested the padron is your spanish administrative link to your full time residency in spain ie proof of,

so as Mike has outlined above,if in doubt pop in the town hall and check your registration .

it may be the difference in been able to  shop in  Mercodona  after maintaing your current EU acquired rights or ending up in ASDA  if you loose them through not been registered as been an habitual resident of spain/eu pre Brexit.

If in doubt check it out.

[Mike Town Hall]

The Padron or town register is used by government to apply funds to each town according to the number of people in each town, but for ex pats it is also an important register because it gives rights to services in your town. With brexit approaching it is important
to make sure you are still on the padron as this is used to see if you are still in Spain by the foreign office, who if they think you have left as you are not on a padron could cancel your residencia. Both these documents are important as they are a means to say you are not an illegal immigrant if we should become none Europeans, also if Spain chooses that we need more documentation on leaving Europe these will most likely be a pre requisite to obtaining further documents.
   Hopefully though my hope is fading it will not come to this, once you have a padron you have to renew this every five years, this is not getting a copy but signing a document with your passport at hand to say you are still here, there is no cost and this can be done in reception in the town hall, or if you are not sure ask the girls when yours is due to be re-signed next time you pass, better safe than sorry.  Below is an extract of the principle regs and a link for those of you who are interested to the relevant law but need translating on your computer.

             Regards Mike.

   
1. Consideraciones generales

Las inscripciones en el Padrón se realizarán teniendo en cuenta las siguientes consideraciones generales:

1. El Padrón municipal es el registro administrativo donde constan los vecinos de un municipio. Sus datos constituyen prueba de la residencia en el municipio y del domicilio habitual en el mismo. Las certificaciones que de dichos datos se expidan tendrán carácter de documento público y fehaciente para todos los efectos administrativos.

2. Toda persona que viva en España está obligada a inscribirse en el Padrón del municipio en el que resida habitualmente. Quien viva en varios municipios, o en varios domicilios dentro del mismo municipio, deberá inscribirse únicamente en el que habite durante más tiempo al año.

    https://www.boe.es/diario_boe/txt.php?id=BOE-A-2015-3109