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Whenever such a question arises on our Facebook forum, we get a plethora of responses when members share their experiences. Members who had to register on the census before being provided with the residency certificate and those that registered afterwards. Below we provide the facts:
1. Registering on the town hall census (padrón) is not a requirement for residency applications. Proof of registration would be necessary in some cases where foreigners are residing in Spain illegally, to regulariise their status so that they can apply for residency.
2. Regardless of the padrón certificate being a requirement or not, most of the foreigners offices (national police stations), will ask for a certificate before commencing with your residency application.
3. There are a few towns where the certificates are not required.
4. So should you bother to register? To have the certificate before making your residency application would be useful because as stated above, most offices will ask that you provide them with a recent certificate.
5. There have been many cases where those residing in Spain have been refused the right to register on the padrón, having been advised by the padrón department that they would need residency before making the application. This is incorrect. Check 6.
6. Translation from the law;
”The objective of demanding identification documentation when requesting registration on the Register is exclusively to verify that the identification data (name, surname, document number, nationality, sex and place and date of birth) are correct, regardless of the legal situation of the foreigner in Spain. The City Council is not responsible for carrying out any controls on the legality or illegality of the residency status of any of its neighbours”.
Further proof that a registration certificate is not a requirement;
“As there are no photographs on the registration certificates of EU citizens, the Town Halls may enter both the identification number of the foreigner and the document used to prove their identity on the register for foreigners. Only when this (certificate) is not available. In the latter case, the number that appears in the document accrediting the corresponding identity (passport, photo ID) would be recorded in the padron registration. Do update your number once you receive a NIE.
Q&A
Q. I reside in Spain and it is my habitual residence, Is it an obligation to register on the padrón?
A. All persons living in Spain are obliged to register on the Register of the municipality in which they usually reside. Whoever lives in several municipalities, or at several addresses within the same municipality, must register only in the one that the reside in for the longest time per year.
Q. I own a holiday home here and wish to buy a vehicle. I am told I should register on the padrón?
A. No holiday home owners should not register. The padrón is only for habitual residents of Spain. Registering could have tax implications as the person inscribed is stating that they habitually reside in Spain.
Q. Can the town hall send the police to my home to make a check on those residing there?
A. Yes. When there are indications to doubt that the residence will be established in the municipality, or on any of the data declared by the citizen, before proceeding to register or the modify the data in the Register, the City Council, will order the necessary processing acts to verify the veracity of the data recorded in the request, issuing the corresponding resolution.
Q. Can I register in a home where other people are already registered?
A. When a citizen requests registration in a domicile in which other people are already registered and asked to provide the document that justifies their occupation of the home, they must require the written authorisation of a person of legal age who appears registered at that address. The person who authorises must have some title proving the effective possession of the home (property deeds, rental contract) in their name. Note* where subletting is not permissible, the town hall can reject the application for registration.
Q. I live in a caravan, can I register on the padrón?
A. The Census must reflect the address where each resident of the municipality actually lives and in the same way that the census registration is completely independent of the legal-private controversies over the ownership of the house, also of the circumstances of physical, hygienic-sanitary or of another nature that may affect the home. Consequently, sub-dwellings (shacks, caravans, caves, etc. and even total absence of a roof, can and should be listed as valid addresses on the Register.
Q. what documentation is needed to register?
A. -ID, Residency card or certificate of registration on the foreigners register if available.
– Property title such as a title deed, purchase agreement, Registry Note, (nota simple) checking municipal databases where said property is recorded, etc.
– Current rental contract of housing for use as an habitual residence accompanied by the last rental receipt.
The City Council has the power to accept other documents, having made the checks it deems appropriate (electricity, water supplies, etc.).
Likewise, the municipal manager will be able to verify by other means (local Police report, inspection of the property. etc.), that the neighbour actually lives at that address.
Children with an absent parent, will be asked for written permission from absent parent to register the child on the padron.
Q Must I produce a NIE to register.
A The general criterion is that they must present a valid document issued by the Spanish authorities (preferably the foreigner identity card) containing the NIE (foreigner identification number) and, if they do not have an identity card As a foreigner, the passport number will be recorded.
In the event that the foreigner had initially requested the census registration by identifying himself through the passport, and subsequently presented himself with a foreigner identity card or this is communicated by the INE, the identification number should be modified to adjust it to the latter.
Q When I move to another town or region and register there, must I de-register from my previous address.
A No. In the register sheet or registration application form it will show that the registration in the Register of that municipality will imply the automatic cancellation of any register registration in another municipality or Consular Registration Registry,
Q Is registering on the padrón proof of legal residence in Spain.
B The registration of foreigners in the Municipal Register shall not constitute proof of their legal residence in Spain, nor shall it confer on them any right that is not conferred by current legislation, especially regarding the rights and freedoms of foreigners in Spain.
Q. I am an EU citizen, do I have to update my Padron registration?
A. EU/EEA citizens and their non-EU family members registered on the central register of foreigners do not have the obligation to renew their registration. Verification can be carried out by the town hall to keep the register up-to-date in which ever way they wish to do so.
Note*. If your town hall does not act on the regulations or cannot contact you to verify that you continue to reside at the address, they may remove you from the register.
Q. I am a non EU resident. Do I have to renew my inscription on the padrón every two years?
A. Yes, applies to all non EU who are not permanent residents or (larga duración). They should renew the registration every two years. Also applies to anyone not registered as resident.
Q Can my data from my registration on the padron be passed to any other administrative offices.
A The data of the Municipal Register will be transferred to other public Administrations that request it without prior consent to the affected only when they are necessary for the exercise of their respective powers, and exclusively for matters in which residence or domicile are relevant data. They can also be used to prepare official statistics subject to statistical secrecy, in the terms provided in Law of May 9, on the Public Statistical Function and in the statistics laws of the autonomous communities with competence in the matter.
Q Can the town hall padrón department insist that I register or apply for residency.
A The City Council does not intervene in the granting of residence permits nor is it competent to control them. Its obligation is to reflect in a registry, the Padrón, the address and the circumstances of all the people who live in its municipal term. And in the same way that you should not control through the Register the legality or illegality of the occupation of the home, you should not carry out any control over the legality or illegality of the residence in Spanish territory of any of your neighbours.
Note for UK nationals in reference to residency preparation for 2021.
All UK Nationals who will no longer hold EU citizen status and are temporary residents, are obliged to update their padrón registration every two years.
Family units and especially de facto partners (common law couples), Should insist on a certificate where all family members are included on one certificate, known as a “ empadronamiento de certificado colectivo”.
Q. How do I deregister from the padron register.
A. Will vary depending on the town hall. In some cases you can do so online, via telephone on by attending the office.
If you are a holiday home owner: Ask for the form ” “Solicitud de baja por inscripción indebida”. (Improper inscription) Ask for a stamped copy as proof of application or a certificate as proof of de-registration if completed.
Leaving Spain, then you need “solicitude de baja por cambio de residencia” (change of residency).
