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PADRON

Should non-residents in Spain register on the padrón?

So you're a non-resident second-home owner in Spain wondering if you should register on the padrón, the census from your local town hall? This is what you should be aware of beforehand.

Should non-residents in Spain register on the padrón?
Owning a property in Spain doesn't mean you have to register at the town hall where it's located, in other words you don't have to get onto the padrón. Photo: Miguel Ángel Sanz/Unsplash

Spain’s padrón certificate is basically proof which shows where you are living. Your town hall – or ayuntamiento – uses a type of census to find how many people are living in the area and what their ages are.

The number of people living in each area will depend on how much money your local town hall will receive from the government. They can use this money for local services such as schools, health centres, parks and police officers.

You also need your padrón certificate to be able to carry out certain procedures in Spain such as registering at your local health centre, getting a Spanish driving licence, voting in elections (if you’re eligible), getting a local library card and getting a pensioner’s card for example.

READ ALSO – Padrón: 16 things you should know about Spain’s town hall registration

Residents must apply for their padrón within three months of moving to the country, but what about non-residents who own second homes in Spain? Should they register too?

As a non-resident second-home owner in Spain, you won’t be eligible for many of the things you need your padrón for like registering with a health centre or voting in elections, but you may still want to benefit from getting a library or pensioner’s card for example.

If you are in either the Canary Islands or the Balearic Islands, then getting this certificate can also get you big discounts on transport costs such as flights and ferries.

There’s nothing to stop non-residents from registering on the padrón and in fact, local town halls are more than happy for you to register, but that doesn’t necessarily mean you should.

READ ALSO – Padrón: How to register at your town hall in Spain

Being on the padrón does not affect your residency status in Spain and has nothing to do with residency permits, visas or EU green certificates. This means that registering doesn’t automatically make you a resident. However, it is still sometimes used as residency proof and certain authorities may take your registration to mean you’re living here on a long-term basis. 

The padrón is designed for residents, meaning people who permanently live in Spain. Just like you’re not allowed to be registered for two different areas in Spain, you shouldn’t be registered as living in two different countries either.

Article 15 of Law 7/1985, on the Bases of Local Regime states that: “Every person who lives in Spain is obliged to register in the padrón of the municipality in which they habitually reside. Anyone who lives in several municipalities must register only in the one they live in for the longest time per year”.

If you don’t habitually live in Spain for the longest amount of time per year, then it stands to reason that you shouldn’t be registering here as if you do.

Although registering can bring you several benefits, if you’re a non-resident, it could bring you several headaches too.

In theory, there aren’t any tax implications to being on padrón and it doesn’t automatically make you a tax resident.

Nevertheless, the padrón can also be used as proof for people to show they live in Spain full-time, so if you are registered you may be asked to prove that you’re not a tax resident here.

READ ALSO: How to prove you’re not a tax resident in Spain

Being on the padrón can also have an impact on tax exemptions. For example, if you choose to move to Spain permanently and apply for residency at a later date, Spain’s Hacienda may not give you the one-year exemption on import duties for the first year to bring over belongings at a cheaper cost, as they’ll assume you’ve already been living here.

Most lawyers in Spain advise their non-resident clients against registering and Brexpats in Spain head Anne Hernández told The Local Spain “as a cautionary word of warning, check out what your obligations might be before registering on the padrón if you are not yet a full-time resident here”.

Registering also means you may have issues if you decide to bring your car over to Spain as the police may see you as a resident with a UK-plated vehicle. This can cause various problems, including for those who want to drive over to Gibraltar and back.

“If you are a second home owner registered on the padrón check your rights before bringing your UK-plated vehicle into Spain” Hernández cautions.

READ ALSO: Can I buy a car in Spain if I’m not a resident?

According to the Consejo de Empadronamiento from Spain’s National Statistics Office (INE), “It can be deduced that the padrón is an administrative registry where only people who live in Spain must be included, as has already been reiterated on numerous occasions by the Permanent Commission of the Registration Council”.

It goes on to say that if the City Council is aware that people who do not reside there are registered in its municipality, it should carry out the necessary actions and operations to keep its padrón updated and deregister those who shouldn’t be on there due to improper registration.

Remember that if you’re a non-resident and you do have to register for any particular reason, you should de-register soon afterwards, so that you’re not permanently on the list as living here. 

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For members

HEALTH

Do all foreigners in Spain have access to free public healthcare?

There's always been a lot of confusion regarding whether public healthcare in Spain is free for all and whether those who aren't officially residents can get treatment. The Spanish Health Ministry has made a move to clear this up.

Do all foreigners in Spain have access to free public healthcare?

Most people are aware that Spain has a free public healthcare system and many automatically assume that everyone who moves here will have access to it.

This is not necessarily true, however, and the rules are a little more complicated than that.

According to Spanish Law (Ley Orgánica 4/2000, de 11 de enero), all foreigners in Spain (legally resident or undocumented) have the right to public healthcare in Spain. 

On the other hand, General Health Law (14/1986 of April 25, Article 1.2) states that All Spaniards and foreign citizens who have established their residence in the national territory are entitled to the right to health protection and health care.

The second refers only to those who have legal residency here, so not including undocumented migrants and other non-residents.

If you do legally move here and are a third-country national from the UK or the US for example, you will only be able to register with a public doctor for the first five years initially if you are:

  • Employed or self-employed and therefore paying social security contributions.
  • Able to register a social security exchange form that grants you the right to public healthcare in Spain (such as the S1 form for Brits in Spain).
  • Paying into the convenio especial social security scheme that gives access to public healthcare after one year living in Spain.

Many of these conditions will be part of being granted your visa or residency permit.

After getting permanent residency after five years, you will theoretically have access to public healthcare without the need to pay for it.

But this is also confusing as previously many people have reported on forums such as Citizens Advice Bureau that some regions won’t allow you to register with a doctor without proving that you pay social security.

READ ALSO: Does permanent residency in Spain equal free public healthcare?

Recently Spain’s Ministry of Health made a move to clear up the confusion in the laws, as well as access for undocumented migrants.

In 2012, the ruling party at the time, the PP approved a law in order to exclude migrants without legal residency from accessing public healthcare.

But on Tuesday May 14th 2024, this all changed when the Spanish cabinet approved a draft bill aimed at recovering the “universality of the healthcare system”, so that all people living in Spain, regardless of their administrative status, may be treated in health centres, without being denied assistance or later receiving an invoice demanding payment.

The decision comes a few months after the controversy generated by the mayor of the town of Ripoll in Catalonia, Sílvia Orriols. Orriols restricted migrants from registering, making it difficult for them to get a health card and see a doctor.

The law was modified in 2018 to allow those without papers to submit a report to social services, but in reality, many were denied from doing this or were forced to wait for months.

“We want to close that wound” and, in moments of “exclusionary discourses”, harness healthcare universality “as a tool to have more cohesive, efficient and fair societies”, Health Minister Mónica García explained.

READ ALSO: Spain’s plan to stop the privatisation of public healthcare

The new draft rule states that foreigners not registered or authorised as residents in Spain must only sign a responsible declaration, “with which they will never be denied healthcare,” according to the minister.

The law also aims to guarantee healthcare to Spaniards residing abroad and their family members, as well as the children of foreigners residing in Spain who agree to reunification, provided that there is no third party who is obliged to pay for care.

The bill also aims to reduce co-payments, so that all the groups mentioned above will not have to pay 100 percent of their medications either, but it’s unclear yet or not whether this will go through.

The draft law will now need to be studied by both advisory bodies and the government, so it will not be published in the Official State Gazette and come into force for several months or even years.

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