Habitual residence

yangyong

Hi all.
I have a bit of a problem and was wondering if anyone else had encountered it.

I moved to Ireland 7 years ago from the uk with my girlfriend who is an Irish citizen. This January my son who is 19 asked if he could come and live with us from the uk. I emailed the social welfare to see if he would be eligible for social welfare until he found work. They told me he could.

He signed on when he arrived on January 25th he had an assessment about 6 weeks later. Today we received a letter stating he has been refused benefits on the the grounds that he is not habitually resident in Ireland. (Of course he is he lives with me.)

we have looked in to it a bit and found that if you are a uk citizen and lived in the uk all your life then you should be allowed habitual residency in Ireland because of something called the common travel area. We are at a loss to why they think he is not living here.

If anyone could help with some advice it would be much appreciated.
Thanks.

gustafo

AS far as i know any EU national who isnt irish have to be living here for 2 years before they can claim social welfare....so the uk is an EU country so he wont be entitled to anything

yangyong

gustafo wrote: »

AS far as i know any EU national who isnt irish have to be living here for 2 years before they can claim social welfare....so the uk is an EU country so he wont be entitled to anything

So how would you interpret this

http://www.irishstatutebook.ie/2005/en/act/pub/0026/sec0246.html

Explanation of the common travel area

http://www.citizensinformation.ie/categories/moving-country/moving-abroad/freedom-of-movement-within-the-eu/common_travel_area_between_ireland_and_the_UK

gustafo

yangyong wrote: »

So how would you interpret this

http://www.irishstatutebook.ie/2005/en/act/pub/0026/sec0246.html

Explanation of the common travel area

http://www.citizensinformation.ie/categories/moving-country/moving-abroad/freedom-of-movement-within-the-eu/common_travel_area_between_ireland_and_the_UK

Best to call citizens information these are the people who can give you a 100% answer.......1890777121

cee_jay

http://www.welfare.ie/EN/OperationalGuidelines/Pages/habres.aspx
guidelines for habitual residence are there. According to them just because he is in the common travel area doesn't mean he is habitually resident in Ireland. He has never worked in Ireland by the sounds of your post which would go against him in the decision. He can always appeal.

eth0_

The common work/travel area only means he can transfer his UK benefits to Ireland. That is, if he was awarded job seekers benefits in the UK, he could apply to have them paid in Ireland for a period of 3 months ONLY. Obviously he can't do this now as he has already moved to Ireland.

Fran79

Hi
I'm British living in Ireland since Nov 2008 with Husband (British born with irish father).

We both passed the habitual residency questionnaire. (We emphasised his irish heritage and that his father was retired in Ireland with hubbie being only child in the country.)

Is his other parent still alive in the UK?

Also as he is only 19 he would be means tested on your and girlfriends income - i.e. he doesn't have enough PRSI contributions to get JSB he would get JSA.

Fran