The dole and being in Australia for 2 years?

rightyabe · 12-04-2011 6:39pm #1

I've been on the dole for 29 months now, i'm 23, and getting the full €188.

In August i'm heading to australia for 2 years(trying to get permenant visa when i get there)

Whats the story on singing on when/if I come back in August 2013, will I still get the full dole? or will I not get it because i've been out of the country for 2 years.

Please clarify this please.

Rightyabe

Jarren · 12-04-2011 6:45pm

Returning Irish emigrants

EU rules prevent discrimination on nationality grounds in relation to social security, so it is not possible to exempt a particular category of Irish citizens (such as returning Irish emigrants) from the habitual residence condition (either in general or for Carer’s Allowance) without extending the same treatment to all EU nationals. However, the guidelines regarding determination of habitual residence address the issue of returning emigrants very specifically. The guidelines state: “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 the case of returning emigrants, Deciding Officers 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 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.
This is generally sufficient to enable the Deciding Officer to determine whether their present circumstances in Ireland indicate a temporary visit or habitual residence.

http://www.citizensinformation.ie/en/social_welfare/irish_social_welfare_system/social_assistance_payments/residency_requirements_for_social_assistance_in_ireland.html

rightyabe · 12-04-2011 7:06pm

So I would be entilted to the dole? yeah?

mrsbyrne · 13-04-2011 10:42am

nobody here can tell you what is going to happen in 2 years time. we dont know what rules or regulations or changes will have occured. if you go to australia you are taking your chances like everybody else. right now people returning from australia or anywhere else including the UK are being tested for the habitual residence condition irregardless of their nationality. only a deciding officer can make the desicion as to wether someone is habitually resident or not. but as i said that may not be the situation in 2 years time. we just dont know.

Lugh Ildanach · 13-04-2011 11:00am

As said above nobody can say what the rules will say in 2 years time. However, we can tell you what the rules are today, if you were returning from a 2 year stay out of the country.

There is currently a presumption that if you have lived out of the Common Travel Area (which is basically Ireland and Britain) for 2 years that you will not be considered habitually resident, although like all presumptions, it can be rebutted. So, if you were returning to Ireland today after 2 years in Australia, the presumption would be that you were not habitually resident. You could persuade the Department otherwise, but obviously your position would be much more difficult than someone for whom the presumption does not apply.

There has been talk about amending the 2 year presumption, but as yet it has not been removed. This is something however that has been raised in Leinster House recently, so it may changed in the near future. In the meantime however the trend however has been that deciding officers are tightening up on their application of habitual residence provisions, and more people are being refused, where probably they would not have been previously.

Lugh Ildanach · 13-04-2011 11:38am

Here is the wording of the presumption that appears in the legislation.

it shall be presumed, until the contrary is shown, that a person is not habitually resident in the State at the date of the making of the application concerned unless he has been present in the State or any other part of the Common Travel Area for a continuous period of 2 years ending on that date

eastbono · 13-04-2011 7:59pm

rightyabe wrote: »

I've been on the dole for 29 months now, i'm 23, and getting the full €188.

In August i'm heading to australia for 2 years(trying to get permenant visa when i get there)

Whats the story on singing on when/if I come back in August 2013, will I still get the full dole? or will I not get it because i've been out of the country for 2 years.

Please clarify this please.

Rightyabe

As of today if you are a returning emigrant and have had a previous work history or emigrated straight from college more than likely you will satisfy the criteria for Habitual Residence depending on what you put down on the Habitual Residence Form. When you are returning from Oz be sure and bring a termination of lease with you and if you have been working there the equivalent of our p45 or a letter from the employer and you expired visa.

jamiecoins · 23-04-2012 7:54pm

how yo no this east bono

il be in the same boat new zealand in november for a year then oz for 1/2

so basically im fooked and wont get dole ? iv years od working exp here

eastbono · 23-04-2012 8:20pm

jamiecoins wrote: »

how yo no this east bono

il be in the same boat new zealand in november for a year then oz for 1/2

so basically im fooked and wont get dole ? iv years od working exp here

what... not being smart but can we do english here... maybe its my age.

jamiecoins · 23-04-2012 8:32pm

sorry im used to text speak .
so im going to new zealand in november for 1 year and then to australlia for 1 maybe 2 years

so if i leave this november 2012 and return lets say feb 2015 am i not entitled to social welfare upon return i have evidence of old pay slips etc oh im currently on job seekers allowance im 27 btw

eastbono · 23-04-2012 8:48pm

jamiecoins wrote: »

sorry im used to text speak .
so im going to new zealand in november for 1 year and then to australlia for 1 maybe 2 years

so if i leave this november 2012 and return lets say feb 2015 am i not entitled to social welfare upon return i have evidence of old pay slips etc oh im currently on job seekers allowance im 27 btw

You will have to apply for jsa and will also have to satisfy habitual residence. You will have to show that your visa has expired... termination of lease in Oz, P45 or letter from employer in Oz that job is finished... registration with FAS or employment agencies on your return with evidence that you are looking for work in Ireland. Basically you will have to prove that you have re-established you link with Ireland. Of course the criteria could change while you are away but this is the the current criteria.

jamiecoins · 23-04-2012 8:52pm

eastbono wrote: »

You will have to apply for jsa and will also have to satisfy habitual residence. You will have to show that your visa has expired... termination of lease in Oz, P45 or letter from employer in Oz that job is finished... registration with FAS or employment agencies on your return with evidence that you are looking for work in Ireland. Basically you will have to prove that you have re-established you link with Ireland. Of course the criteria could change while you are away but this is the the current criteria.

thanks for all the info

been a good help:)

The dole and being in Australia for 2 years?

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