Talk Quesada forum

Thank you

Is the Flu jab still available here with my EHIC please?

PeteKnight wrote:TonTri - you say that you’re here for the next 5 months. I guess that means that Spain isn’t your primary place of residence?

Ian2009 - you’ve made it clear that you’re non-residents.

In both cases, signing on the Padron is illegal.
I realise that the local council is encouraging people to do this, as it puts more funds in their coffers, but that doesn’t make it legal. Their actions will most likely eventually result in the money being recovered from the local authority and a large fine being imposed on them as well. This has happened in other areas and effectively bankrupts the local authority.

You should read this thread on the sister forum for more info:
https://www.costablancaforum.com/area/almorad%C3%AD-spain-11/residency-in-almorad%C3%AD-padron-residencia-passport-advice-23/jims-guide-illegally-registering-on-the-padrn-45644/


Pete.

Thanks Pete, I once made a similar post and was lambasted for it. What Non residents don't seem to understand is that the money that the offending Town Halls are illegally claiming from the Spanish Government is actually paid into the central coffers by Spanish citizens and those of us who are Residents paying our income taxes in Spain.

I do not agree that the councils are encouraging non-residents to sign on the padron so that they can obtain more money from the regional government. They are trying to get people who are resident here who are not on the padron for whatever reason to sign on. There are many people who live here permanently who operate under the radar for various reasons. Some tradesmen operate in this way and therefore will not be on the padron. I remember reading an article a few years ago now which was suggesting that some people were taking themselves off the padron because of the requirement to complete the form 720 to declare all their worldwide assets.

EU citizens have to register with the police if they stay in Spain for more than 3 months. As you need to register on the Padron to register with the police you need to register on the Padron even if you are only planning on staying 5 months.

I’ve recently purchased a car as I was fed up with the car hire trauma. I obtained NIE to do so, but now been asked about padron. I don’t live here permanently and having read some of the comments wonder if I’m getting myself into trouble? Can anyone advise please?

Read the thread.

The law is clear, you can only legitimately sign on the Padron if you are resident or in the process of applying for residencia.

AnnieP, after 8 months and several pages of replies to my original post, I am still none the wiser. First I've heard of having to register with the police and I've been here 4+ months for the last 2 winters. At present I'm just doing nothing.

A.N.Other wrote:Read the thread.

The law is clear, you can only legitimately sign on the Padron if you are resident or in the process of applying for residencia.

Rojales allows you to sign on the padron even if you are non-resident. So do many other areas. With a 76% foreign population, it is the only way they can get funding to provide services.

Since the scare stories about the padron being "illegal" if you are a non-resident, over 3,000 people with holiday homes have withdrawn from the padron.

Those who complain about bins not being emptied, streets not being repaired and so on should think about why this is.
With only just a quarter of those 76% foreigners being on the padron it will mean the money is not forthcoming to carry out the work. The imputed income tax paid by non-residents doesn't go to the municipal government but is handled in the same way as income tax for residents. ie, to the Central government who then allocate it to the regional governments who fund the municipal governments. Or, in this case, not so in the last instance because the amount of registrations is less than a quarter of those who actually have property and use the facilities.

If the law was "quite clear" then this problem wouldn't arise and Rojales has lodged complaints with the regional governments about the lack of clarity in the actual law in the first place. They are claiming anyone who owns property in the area should be funded as they pay their municipal taxes. It's why they allow you to continue to be on the padron.

Anyone know of anyone, anyone at all, in any area at all, that has been fined for being "illegally" on the padron?
If the fines stated were true then I'm pretty sure the regional governments would be handing them out willy nilly to get more money in. As it is, they don't.


As an aside, I registered on the padron in Orihuela Costa some 16 years ago and on the Rojales padron some 13 years ago because you couldn't buy a car without one. That has changed and you no longer need one but I was on the Rojales padron for nearly 3 years as a non-resident and no-one ever came knocking on my door or even queried it.

And as an edit.
If the law is so clear that you can only be on the padron if you are a resident, riddle me this.
An EU citizen has the right to come to Spain for up to 3 months with no requirement to notify the authorities or complete any other paperwork.
If they are going to stay more than 3 months then they are required to (though most don't) go on the register of foreign EU nationals resident in Spain or, as we call it, residency. To get this card you have to be on the padron in the first place. You are not staying over 6 months as that would require fiscal residency but you are staying, let's say, 4 months so you have a padron and a residency.

How does that figure in the equation?
Rojales (and other councils) are questioning the "habitual" stays. Does that mean habitual in that it is your main place of residence (as some councils interpret it) or does it mean habitual in that you exceed the 3 months allowed by Spanish and EU rules and should therefore go on the register(as other councils interpret it)?

Excellent comprehensive post.