Reaffirming Residency

Information and questions about the Law in Spain and Andalucia.
Unicorn
Resident
Posts: 1670
Joined: Sun Jun 30, 2013 5:06 pm
Location: Estepona

Reaffirming Residency

Postby Unicorn » Thu Apr 07, 2016 1:18 pm

Hi

I got a letter yesterday from the local council saying I must go and reaffirm that I am still resident here. I have been resident and fiscally resident for years.

I duly went and they said that's fine and gave me another piece of paper which is a re-registration on the padron.

This has never happened before as I very often go there to get the paper to say I am resident.

My paper green residency was 2007 so it is not a 5 or 10 year thing.

Has it happened to anyone else? Is there a reason? Are they dumping people off the padron who have left? Anything to do with our referendum?

Cheers :wave:

User avatar
gerryh
Andalucia Guru
Posts: 8046
Joined: Sat Jan 12, 2008 6:17 pm
Location: Cajiz, Malaga

Re: Reaffirming Residency

Postby gerryh » Thu Apr 07, 2016 1:25 pm

It happened to me here in the Velez Malaga area.
They just needed to know I still lived here for Padron purposes.
Being registered as a resident for Padron purposes has nothing to do with being on the register of foreigners, the green residency paper.
Cheers
Gerry Harris

Unicorn
Resident
Posts: 1670
Joined: Sun Jun 30, 2013 5:06 pm
Location: Estepona

Re: Reaffirming Residency

Postby Unicorn » Thu Apr 07, 2016 1:31 pm

Hi Gerry

I always take every bit of ID with me!

I have never had this letter before.

But I was curious because the last time I requested a Volante de Empadroniemto was in June 2014 and I have been in the same place for over 15 years.

I was no hassle but just interesting. At least we get a reduction on IBI! (I hope again this year).

Cheers

User avatar
gerryh
Andalucia Guru
Posts: 8046
Joined: Sat Jan 12, 2008 6:17 pm
Location: Cajiz, Malaga

Re: Reaffirming Residency

Postby gerryh » Thu Apr 07, 2016 1:51 pm

Nerja council seem to be insisting that all their residents have to sign on to the Padron every two years.
I've only been asked to do it once in the 12 years I've lived here.
Cheers
Gerry
Gerry Harris

El Cid
Andalucia Guru
Posts: 16058
Joined: Sun Oct 24, 2004 10:42 pm
Location: La Herradura, Costa Tropical, Granada

Re: Reaffirming Residency

Postby El Cid » Thu Apr 07, 2016 5:12 pm

This gives some guidance. It would seem that, not for the first time, Nerja Town Hall foreigners department are acting contrary to the law.

http://citizensadvice.org.es/wp-content ... CENSUS.pdf

Sid

User avatar
gerryh
Andalucia Guru
Posts: 8046
Joined: Sat Jan 12, 2008 6:17 pm
Location: Cajiz, Malaga

Re: Reaffirming Residency

Postby gerryh » Thu Apr 07, 2016 5:58 pm

El Cid wrote: It would seem that, not for the first time, Nerja Town Hall foreigners department are acting contrary to the law.



Sid
I read an article where they are encouraging "anyone who holidays in Nerja for a couple of months in a year" to sign onto the Padron. :thumbdown: :thumbdown: :thumbdown:
Cheers
Gerry
Gerry Harris

Free at Last
Resident
Posts: 1911
Joined: Thu Dec 07, 2006 1:32 pm
Location: Velez-Malaga

Re: Reaffirming Residency

Postby Free at Last » Thu Apr 07, 2016 6:19 pm

We have lived in Vélez-Málaga for almost 10 years and did receive a hand delivered letter from the Ayuntamiento about 3 years ago, asking us to reconfirm our details on the padrón. It did say that if we didn't do so within the timscale specified our details would be removed from the records. I believe all Ayuntamientos were instructed by Madrid to put arrangements in place to make sure people who were empadronado were actually still resident in the town so as to make sure they weren't receiving too much income from central funds, it certainly doesn't have anything to do with the UK referendum!

Miro
Andalucia Guru
Posts: 3584
Joined: Tue Feb 27, 2007 8:20 pm
Location: Merseyside, formally Torremolinos

Re: Reaffirming Residency

Postby Miro » Thu Apr 07, 2016 6:23 pm

I thought perhaps that town halls were being pressured to update their padrón on a regular basis because central govt. allocates funds to them based on the number of registered residents, and it was well known that many non-residents were encouraged by town halls to register in order to boost those funds received. I think our town hall expects us to re-register every two years now, and on top of that, they started charging for padrón certificates, which are needed, albeit only occasionally, for some bureaucratic procedures. I think it's €3 for a standard cert., €6 for padrón histórico, whatever that is needed for - surely just showing all your old certificates is proof enough of how long you've lived there? Hacienda in Málaga once asked me for a "histórico" - I said, oh yes, I've got that right here, showed them my regular cert. and they accepted it :crazy:
Don't worry about what people think, they don't do it very often

"Acquiring a dog may be the only opportunity a human ever has to choose a relative," Mordecai Siegal 1935-2010.

elusive
Andalucia Guru
Posts: 3275
Joined: Sat Apr 07, 2012 11:49 am
Location: East of Malaga

Re: Reaffirming Residency

Postby elusive » Fri Apr 08, 2016 9:23 am

To the O.P where they asking you to re confirm your padron or residencia? Read stories on CAB spain that people have been getting letters asking them to prove residency again and then refusing people who are under OAP age and now for eg arent working or an S1 ran out and they have no health care. Totally illegal according to CAB

Free at Last
Resident
Posts: 1911
Joined: Thu Dec 07, 2006 1:32 pm
Location: Velez-Malaga

Re: Reaffirming Residency

Postby Free at Last » Fri Apr 08, 2016 9:50 am

We reconfirmed our residency in 2014 to get a certificate "con caracter permanente" (at the Extranjeria in Torre del Mar) but we weren't asked for any proof of income or health cover. There is a page on their website which can be printed out, which shows exactly what the requirements are. I took a copy with me just in case, but it wasn't necessary.

You can find it here, in the section "Certificado de residencia permanente por cuidadano de UE"

http://www.ciudadanosextranjeros.es/pub ... .php?id=14

El Cid
Andalucia Guru
Posts: 16058
Joined: Sun Oct 24, 2004 10:42 pm
Location: La Herradura, Costa Tropical, Granada

Re: Reaffirming Residency

Postby El Cid » Fri Apr 08, 2016 10:18 am

The law on residency, both the EU law and the Spanish law, specifically state that after 5 years you are entitled to permanent residency and that it is NOT subject to the conditions (income, health etc) that apply to an initial application for the right to reside for more than 3 months.

Sid

Stevemul
Resident
Posts: 260
Joined: Fri Nov 23, 2012 2:43 pm

Re: Reaffirming Residency

Postby Stevemul » Fri Apr 08, 2016 10:37 am

Here's a question -
Can you remove your name from the Pardron?
If the Nerja Town Hall receives money for each name on the Pardron then of course it is in their interest to encourage us to sign up, as I did.
However, if they decide not to give me a Tourist Rental licence because I do not have a " Licence of First Occupation" even though I pay rates to them , then why should I allow them to claim for my Pardron " allowance"?

El Cid
Andalucia Guru
Posts: 16058
Joined: Sun Oct 24, 2004 10:42 pm
Location: La Herradura, Costa Tropical, Granada

Re: Reaffirming Residency

Postby El Cid » Fri Apr 08, 2016 10:58 am

If your permanent residence is in Nerja you are obliged by law to register on the Padron. If it is not your permanent residence, then you should not register.

Nerja Town Hall doesn't seem to have a clue. They are telling people that it is important for them to have as many people on the Padron as possible, but at the same time they are threatening to take you off if you don't re-register. Their real problem is that they are scared that the numbers may drop below 25000 which would downgrade their status significantly.

What they should be doing is encouraging everyone who isn't on the Padron to register, legally or otherwise and ignore the fact that some people are on there who have left years ago.

Sid

Unicorn
Resident
Posts: 1670
Joined: Sun Jun 30, 2013 5:06 pm
Location: Estepona

Re: Reaffirming Residency

Postby Unicorn » Fri Apr 08, 2016 5:44 pm

Miro.

Historical one is used when you sell to prove you have been there x number of years. 3 I think.

Miro
Andalucia Guru
Posts: 3584
Joined: Tue Feb 27, 2007 8:20 pm
Location: Merseyside, formally Torremolinos

Re: Reaffirming Residency

Postby Miro » Fri Apr 08, 2016 5:59 pm

For what purpose? What difference does it make? If it's for when you sell, I think your escritura & the land registry prove well enough how long you've owned the place. I'm not sure what relevance the length of time you've actually lived in the same place has to anything. Besides, I've never ever needed a padrón certificate when selling property, either ones I've lived in or otherwise.

The only time I've ever been asked for a historical padrón, was by Hacienda when they were refusing to issue a certificate of fiscal residency. I had to provide a letter from HMRC stating that I was not a tax resident in the UK, and was told in order to avoid doing so again I would have to register as a tax resident, which they said required a historical padrón (which clearly makes no sense). As I said before, the clerk at the desk where I had to present it didn't have a clue what one is, obviously, because she accepted a standard one that I happened to have with me. This, by the way, was after 15 consecutive years of submitting personal income tax returns to Hacienda. Idiots! :crazy:
Don't worry about what people think, they don't do it very often

"Acquiring a dog may be the only opportunity a human ever has to choose a relative," Mordecai Siegal 1935-2010.

Unicorn
Resident
Posts: 1670
Joined: Sun Jun 30, 2013 5:06 pm
Location: Estepona

Re: Reaffirming Residency

Postby Unicorn » Fri Apr 08, 2016 6:38 pm

A mate of mine sold a house and had to get said document to prove they had been resident there continuously for the requisite time for tax purposes. I believe it is to do with being taxed or not as to whether it was your primary residence. Whether you get taxed or it is held over. That was here, it could be different where you are.

It may be new as I did not present one when I sold a primary residence some years ago.

El Cid
Andalucia Guru
Posts: 16058
Joined: Sun Oct 24, 2004 10:42 pm
Location: La Herradura, Costa Tropical, Granada

Re: Reaffirming Residency

Postby El Cid » Fri Apr 08, 2016 6:42 pm

Residents can roll over the proceeds of the sale of their primary residence and avoid CGT. If over 65 the reinvestment is not required. The definition of your primary residence is that you have lived there for 3 years or more, hence the possible need for the "historical" certificate.

Sid

Miro
Andalucia Guru
Posts: 3584
Joined: Tue Feb 27, 2007 8:20 pm
Location: Merseyside, formally Torremolinos

Re: Reaffirming Residency

Postby Miro » Fri Apr 08, 2016 6:54 pm

Makes sense, except that I was selling a trastero! I wasn't trying to avoid CGT, just the 3% retention which only applies to non-residents - but you've heard this all before so I'll leave at that, before I get all worked up again about it!
Don't worry about what people think, they don't do it very often

"Acquiring a dog may be the only opportunity a human ever has to choose a relative," Mordecai Siegal 1935-2010.


Who is online

Users browsing this forum: Google Adsense [Bot] and 29 guests