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Rules for joining the Padrón in San Miguel de Salinas

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Posted: Thu Jan 11, 2018 1:14pm
11 replies226 views5 members subscribed
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ailes

Posts: 5

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We bought a home in San Miguel de Salinas in 2014, and were advised to join the Padrón, which we did. We do not have residentia in Spain, but spend 6 months of the year here. Today ( 11/1/2018): when we went to renew our Padrón, we were told that we would not be able to renew our Padrón beyond 31/5/2018, unless we were resident here. Does anyone know if the rules have changed ? 

jimtaylor

jimtaylor

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Thu Jan 11, 2018 4:35pm

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Posted: Thu Jan 11, 2018 4:35pm

It's against the law to be on the padron if you're not legally resident here, and always has been.

As I've said in other threads, some town halls don't care if people break the law - their income from central government depends on how many people they've got on the padron. It's not the council that would be prosecuted, if it came to that - it's the individual who illegally signed onto the padron.

ailes

ailes

Original Poster

Thu Jan 11, 2018 7:36pm

Posts: 5

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Posted: Thu Jan 11, 2018 7:36pm

I have not illegally signed in to the Padron, so your answer is unhelpful. 

I withdraw this statement, as I have indeed been proved wrong. Apologies to those who corrected me . I was given the wrong information previously. 

french martini

french martini

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Thu Jan 11, 2018 11:00pm

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Posted: Thu Jan 11, 2018 11:00pm

Jim is 100% correct. It is against the law to be on the padron if you are a non resident here. You HAVE illegally signed on to this whichever way you want to look at it, sorry! I’m not sure why you think Jim’s answer is unhelpful when he has given you the correct advice. Nicola :-)


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PeteKnight

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Fri Jan 12, 2018 4:50am

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Posted: Fri Jan 12, 2018 4:50am

You have two forum ambassadors (three including me) telling you that you’ve previously signed on the padron illegally - based on the information you supplied in your original post.

If you are spending 183 days per year living in Spain then you must apply for what you refer to as “residencia” (not the correct term if you’re an EU citizen, but near enough for this discussion). You must also apply to be on the padron and must pay tax on your income to the Spanish authorities.

If you spend less than 183 days per year residing in Spain then you can’t legally be on the padron and should instead be on the electoral role (or it’s equivalent) in your country of residence.

It is illegal to be registered to vote in multiple EU countries, or multiple places within one EU country, and the padron gives you voting rights in some elections.

I’ve never known one of Jim’s posts to be unhelpful. I might occasionally disagree with him on a minor point, but on this stuff he’s a real expert and I would always take what he says seriously.

Pete.

ailes

ailes

Original Poster

Fri Jan 12, 2018 3:09pm

Posts: 5

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Posted: Fri Jan 12, 2018 3:09pm

Ok.........having looked into this further, it looks like if you wish to spend more than 90 days a year in Spain, you are required to apply for residency. There are 2 types of residency, temporary residency and permanent residency. Temporary residency means you can spend up to 6 months a year in Spain, permanent residency means you can spend 12 months in Spain, valid for 5 years, and can be extended after that period. 

Regarding signing on to the Padrón, it looks like you can only do this if you have residency, so in that I was clearly wrong, and apologise unreservably to Jim, In my defence, I can only say that I was advised to sign onto the Padrón, and had no idea it was illegal. Why was I allowed to sign up in the first place? Also , I have bought a home here, 2 cars, and opened 2 bank accounts, all legally,  and not one person or agency has mentioned applying for residency !! 

Never did I think I was doing anything illegal. Everyone who buys a home here should be made aware of the legal requirements regarding residency/ Padrón etc.

I intend to correct my situation, and will instruct my lawyer to look into applying for temporary residency.

Thank you for bringing this to my attention. 

jimtaylor

jimtaylor

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Fri Jan 12, 2018 3:36pm

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Posted: Fri Jan 12, 2018 3:36pm

You're welcome, and welcome to Spanish bureaucracy!

Although I'm all for doing what the law requires, in some ways having any form of residencia doesn't actually achieve anything, except that permanent residency could be used to alert the tax man to expecting a return from you.

And in any case it will all be subject to change post-Brexit, as our residencias are/were issued to citizens of EU member states, so they could well be redundant pieces of paper before not much longer.

ailes, just a thought in passing, in case you're not aware. If you've got a car here on Spanish plates, then as a non-resident, you should have a certificate of non-residency and carry it in the car in case you're stopped by the police.

ailes

ailes

Original Poster

Fri Jan 12, 2018 4:36pm

Posts: 5

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Posted: Fri Jan 12, 2018 4:36pm

Hi Jim, thank you for your gracious response, and I apologise again for my ignorance.....erm......what is a certificate of non-residency ?

PeteKnight

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Fri Jan 12, 2018 4:55pm

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jimtaylor

jimtaylor

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Fri Jan 12, 2018 5:03pm

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Posted: Fri Jan 12, 2018 5:03pm

I thought that might catch you out!

It's illegal to own and drive a Spanish registered car unless you're a resident, or have a certificate of non-residency, and the Guardia Civil have been known to fine drivers who can't produce the certificate (unless, of course, it's a hire car).

Don't ask for the logic behind this - I doubt there is one.

I don't know how long you've had a bank account here, but banks are required to report information about account holders to the tax office. Because the reporting requirements are different for resident and non-resident accounts, for non-residents the banks themselves will (I think every two years) apply on your behalf for the non-resident certificate (and charge you for doing so). It's cheaper to get the certificate yourself, but most people just let the bank do it, and save themselves the hassle.

So, in your case, I'd ask your bank if they would give you a copy of the certificate. Otherwise, the application procedure is the same as applying for an NIE - it's just a different tick box on the EX-15 application form.

Enjoy!

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