padron benitachell - Page 2

Jim i enjoy your posts and have benefited from the information that you put on the forum, so please do not blacklist me.

We live in Busot, and when we purchased our house, the first thing we did was to get our Padron. We were not residents at the time.

When applying for our residencias they requested our padron.

I picked this up from the CAB website :

Residing In Spain But Not Resident, Can I Register On The Padron?

Yes you can and in fact it is your obligation to do so. The requisites to register state that you should show a residency certificates or if not in possession of that document, a valid passport.

Please note* Translated from the Spanish text:

“All people living in the municipality must be registered on the census whether nationals or foreigners, in the latter case, whether or not their status is regularised in the Register of the Ministry of Interior.”

The town halls do not have the jurisdiction or the right to become involved in matters of legal residency.

Though used in the past as a stepping stone to obtaining legal residence by non EU from some countries, we should take note of the article below:

Article 18 paragraph 2 states that “The registration of foreigners in the municipal census will not constitute proof of legal residence in Spain nor does it confer any rights not granted to them under current legislation, especially concerning the rights and freedoms of foreigners in Spain”

I`m not sure if this helps, as i`m no expert, but is interesting reading.

Not to bother John - I've got you on my list as top ranking.

I don't know what law CAB are referring to, but I often disagree with their interpretations. 

BOE-A-2015-3109 states:

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.

It's saying that the padrón is a list of those residents who habitually live in a municipality. This clearly does not include those who are non-resident.

It also says:

2. Toda persona que viva en España está obligada a inscribirse en el Padrón del municipio en el que resida habitualmente.

This says that if you live in Spain, you must register on the padrón where you habitually reside. Again, this excludes non -residents.

QED.

Just moved to Benitachell from Estapona so must change all our paperwork. Could someone please be so kind to let us know where we go to do this please. Many thanks. John