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Habitual Resident Staus & Social Welfare?

  • 23-01-2012 7:08am
    #1
    ilovemctavish
    Closed Accounts Posts: 3 ✭


    Hi,

    Need some advice regarding habitual resident status and social welfare.

    Here's a timeline...Worked in Ireland for over 10 years then headed to Aus & NZ where I worked for the less than 1-2 years.

    Came home.. no work so went on the dole for 16 months.

    Eventually headed for Korea where I am now, I want to come home to Ireland in August 2012 but I will have spent 2 years in Korea at that stage.

    What are my chances of getting the dole this time around when I consider the length of time I have been away, would I still qualify as an habitual resident?

    Thanks.


Comments

  • #2
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    From my understanding of the habitual residency situation, I would suggest that this time round you may have difficulty. The fact that you were away in Aus/NZ, came home "for a breather" and then flitted off to Korea, and coming home again would make it more difficult to prove habitual residency. You will probably will be considered "foot loose and fancy free"! And likely to leave again within a short time.

    You seem to be like I was - born to travel; gaining experience in different environments and cultures - but to what end?


  • #3
    ilovemctavish
    Closed Accounts Posts: 3 ✭ilovemctavish


    Thanks, yes it might be difficult but I still have my home in Ireland as my address and all my bank accounts and stuff are in Ireland. Does this count for anything?

    I'm kind of looking for someone who was in a similar situation, anyone?

    - but to what end? In the end i'll have my own experiences and memories and that's more than enough for me. :)


  • #4
    Balagan
    Registered Users, Registered Users 2 Posts: 2,168 ✭✭✭Balagan


    You will need to produce documentation in the usual way to prove habitual residence but it is very likely to be successful if your home remained here and you didn't establish a home, buy property etc., in Korea. Ireland, where you have a home, bank accounts etc., remained your main centre of interest. Expired leases, expired work permits/visas, oneway ticket, evidence that work abroad ceased, extra luggage coming home with you (see more below) should do it.

    Returning migrants or Resuming previous residence
    A person who had previously been habitually resident in the State and who moved to live and work in another country and then resumes his/her long-term residence in the State may be regarded as being habitually resident immediately on his/her return to the State.

    In determining the main centre of interest in such cases the DO should take account of:

    purpose of return e.g. expiry of foreign residence permit
    the applicant's stated intentions
    verified arrangements which have been made in regard to returning on a long-term basis e.g. transfer of financial accounts and any other assets, termination of residence based entitlements in the other country, or assistance from Safe Home (see below) or a similar programme to enable Irish emigrants to return permanently
    length and continuity of the previous residence in the State
    the record of employment or self employment in another State and
    whether s/he has maintained links with the previous residence and can be regarded as resuming his/her previous residence rather than starting a new period of residence.
    Replies to the following questions may assist in determining whether an applicant has retained or resumed his or her main centre of interest in Ireland after a period spent abroad:

    how long did the applicant live in Ireland before leaving?
    why did the applicant come to Ireland originally?
    when and why did the applicant leave Ireland?
    how long did the applicant remain or intend to remain abroad?
    did spouse/civil partner and children, if any, also leave Ireland?
    was accommodation retained in Ireland?
    if the applicant owned property in Ireland, was it let, and was the lease timed to coincide with the applicant's return to Ireland?
    what links did the applicant keep with Ireland?
    can the applicant verify cessation of employment, lease or rental agreement etc. abroad?
    when and why did the applicant return to Ireland?
    have there been other brief absences? If yes, obtain details.
    The following examples are acceptable as proof of permanent return to Ireland: (Allow 28 days for documentation to be submitted)

    Documented evidence of transportation of personal possessions
    Proof of cessation of employment
    Proof of termination of lease on rented property or proof of sale of home
    Evidence of closure of financial accounts and transfer of funds
    Evidence of completion of studies abroad (where applicable)
    Copy of passport and expiration of visa at the time they returned
    http://www.welfare.ie/en/operationalguidelines/pages/habres.aspx


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