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Habitual Residence (another one, so sorry!)

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  • 26-01-2012 11:09pm
    #1
    Chessala
    Registered Users Posts: 263 ✭✭


    Heya,

    My Partner and me moved to Ireland in July 2010 and have PPS numbers from that time.

    While I was lucky enough to find employment a while ago my partner hasn't been that lucky and has been looking since then. We had been thinking of trying to get my partner registered for JSA as it is pretty difficult sometimes but we are worried about the habitual residence.

    As I am the one with an income everything is in my name, except ESB that has both our names. Would it go against my partner if we only made a bank account and other arrangements now?
    We know the length of time works against us anyway and we wouldn't expect much from JSA anyway (I earn about 420/week before tax).

    What other proves than bank accounts and other official registrations would be needed? We haven't left the country even once in the whole time and have friends here by now so our center of interest is definitely here.

    Grateful for any advice!


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    #2
    eastbono
    Registered Users Posts: 2,758 ✭✭✭eastbono


    Chessala wrote: »
    Heya,

    My Partner and me moved to Ireland in July 2010 and have PPS numbers from that time.

    While I was lucky enough to find employment a while ago my partner hasn't been that lucky and has been looking since then. We had been thinking of trying to get my partner registered for JSA as it is pretty difficult sometimes but we are worried about the habitual residence.

    As I am the one with an income everything is in my name, except ESB that has both our names. Would it go against my partner if we only made a bank account and other arrangements now?
    We know the length of time works against us anyway and we wouldn't expect much from JSA anyway (I earn about 420/week before tax).

    What other proves than bank accounts and other official registrations would be needed? We haven't left the country even once in the whole time and have friends here by now so our center of interest is definitely here.

    Grateful for any advice!
    It will be quite difficult for him to prove habitual residence. Normally a spouse/partner could qualify a spouse/partner for habitual residence. It would depend on when you came to live and work in Ireland... when in 2010? The fact that you are still working would improve his chance of getting habitual residence but he would have to be able to prove that he was in the country. Do you have any children together as again this would help his situation.
    JSA is means tested and your earnings will be assessed as means against your partner. See means assessment for jsa http://www.citizensinformation.ie/en/social_welfare/irish_social_welfare_system/means_test_for_social_welfare_payments/work_and_jobseekers_allowance.html#l7ed0f

    If you have children you may be better off as a family unit applying for family income supplement.

    http://www.welfare.ie/EN/Publications/SW22/Pages/1WhatisFamilyIncomeSupplement.aspx


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    #3
    Chessala
    Registered Users Posts: 263 ✭✭Chessala


    Thanks so much for your reply eastbono.

    We don't have any children, we're a same-sex couple actually. I started working in May 2011 (no luck before that, lived from savings). I have a sister here that could support us in the claim but that's about all.

    And we arrived in July 2010, both made PPS numbers at the time. My Partners is from July, mine from September.


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    #4
    eastbono
    Registered Users Posts: 2,758 ✭✭✭eastbono


    Chessala wrote: »
    Thanks so much for your reply eastbono.

    We don't have any children, we're a same-sex couple actually. I started working in May 2011 (no luck before that, lived from savings). I have a sister here that could support us in the claim but that's about all.

    And we arrived in July 2010, both made PPS numbers at the time. My Partners is from July, mine from September.

    Are you in a civil partnership? If so depending on the country you are from then your civil partnership may be recognised in Ireland and will also help your partners situation with regard to HRC.

    See below rights for civil partnerships
    http://www.welfare.ie/EN/Pages/CivilPartnershipFAQS.aspx

    Just saw that you only started working in May 2011...you have a very short employment history in Ireland. The best advice I can give is for your partner to apply for jsa and see what happens.


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    #5
    Chessala
    Registered Users Posts: 263 ✭✭Chessala


    Thanks for your advice again!

    Not in a civil partnership either. We aren't even from the same country originally but have been living together for 2 years in Germany before and moved to Ireland after I finished my studies to not have language barriers (neither of us have English as first language but are fluent for several reasons).

    Didn't think it would be that complicated. As I said, we don't expect much. I just made some calculations and hit about 20€ a week if the rent we pay for the house is not taken into account...just wondering if it's hopeless.

    Fortunately it's not like we have to rely on it but it would make some things a bit easier. Would it help to mention I just got a small promotion at work?

    Edit: Also, we're both from EU countries (Partner from Portugal, me Germany and as mentioned lived in Germany together for 2 years before we moved).


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    #6
    gustafo
    Registered Users Posts: 1,759 ✭✭✭gustafo


    lets be quite honest if ye are not irish citizens and have very little ties here the chances of you being approved are very very slim, but then again there is no harm in trying, if you want to waste your time.


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    #7
    odds_on
    Closed Accounts Posts: 1,869 ✭✭✭odds_on


    gustafo wrote: »
    lets be quite honest if ye are not irish citizens and have very little ties here the chances of you being approved are very very slim, but then again there is no harm in trying, if you want to waste your time.

    I could well be wrong here, but are you not considered habitually resident if you have been resident for the last 2 or more years in the state?


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    #8
    mrsbyrne
    Closed Accounts Posts: 3,228 ✭✭✭mrsbyrne


    odds_on wrote: »
    I could well be wrong here, but are you not considered habitually resident if you have been resident for the last 2 or more years in the state?
    Theres much more to fulfilling HRC then the two year condition. in my experience this couple will not fulfill the HRC.


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    #9
    eastbono
    Registered Users Posts: 2,758 ✭✭✭eastbono


    Chessala wrote: »
    Thanks for your advice again!

    Not in a civil partnership either. We aren't even from the same country originally but have been living together for 2 years in Germany before and moved to Ireland after I finished my studies to not have language barriers (neither of us have English as first language but are fluent for several reasons).

    Didn't think it would be that complicated. As I said, we don't expect much. I just made some calculations and hit about 20€ a week if the rent we pay for the house is not taken into account...just wondering if it's hopeless.

    Fortunately it's not like we have to rely on it but it would make some things a bit easier. Would it help to mention I just got a small promotion at work?

    Edit: Also, we're both from EU countries (Partner from Portugal, me Germany and as mentioned lived in Germany together for 2 years before we moved).

    In my honest opinion I dont think your partner will meet habitual residence criteria. Even if your work record is put into the equation in order to help partner qualify I would be of the opinion that partner will not qualify. If you are still in Ireland and working here two years after you first took up employment in Ireland without a break then it is possible that partner may qualify for habitual residence at that stage.

    Just to let you know if partner does get work in Ireland then partner can transfer contribution from work in Germany and may have an entitlement to jobseekers benefit. The same applies to you... if your work is terminated you can transfer any contributions from Germany and may be entitled to jobseekers benefit.

    Feel free to pm me if you need any clarification on this.


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    #10
    Chessala
    Registered Users Posts: 263 ✭✭Chessala


    Thanks a lot for all the advice guys, especially eastbono.

    We were pretty much aware of the fact that it would be a waste of time, hence the post. It's not about getting my partner on SW to smooch off the state and we have definitely all intentions to keep staying here (I love my company and wouldn't part with it for anything). We'll keep going for now and My partner will try to get a job, it will work out in the end and we'd prefer it any time to SW money anyway.

    Thanks again!


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    #11
    dxonsparks
    Registered Users Posts: 5 ✭dxonsparks


    As an EEC migrant worker, working in the State you do not have to satisfy the H.R.C
    An EEA national who is engaged in genuine and effective employment in Ireland is regarded as a migrant worker under EC law and does not need to satisfy the HRC for the purpose of any claim to SWA. A person who has been so employed and retains his or her "worker" status in accordance with Regulation 1612/68 as amended by Directive 2004/38 (transposed into Irish legislation by S.I. 656/06) continues to be protected by this provision. This means that EEA nationals who have been employed since arriving in Ireland may be entitled to SWA, even if they do not satisfy the HRC for Jobseeker's Allowance or one of the other payments subject to the condition. Such persons should therefore be advised to enquire with their local Community Welfare Officer as to their possible entitlement to SWA as a migrant EU worker.


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