Habitual Residence 2011

daithimacgroin

Has anyone else come back recently and passed habitual residence requirements?

I mean, recently returned immigrants who are Irish and grew up in ireland, people who've been away for periods of a few to many years working in australia or wherever.

daithimacgroin

bump

daithimacgroin

anyone?

reni10

I believe because of this statement in the refined HRC guidelines anyone who had lived in Ireland and was considered resident here previously and returns with proper intention to stay will be considered Habitually Resident:

http://www.welfare.ie/EN/OperationalGuidelines/Pages/habres.aspx

"returned emigrants or retired missionaries who have chosen to resettle in Ireland should be considered to have their main centre of interest here"

Interested to know if anyone has actually had any experience in this?

daithimacgroin

thank you, i did hear in july they changed the guidelines a little to make things more friendly for returing emigrants, but if anyone out there has actually experienced going through the process recently, it'd be great if u could post on here

thanks reni10

Cat Melodeon

When I moved back I just had to supply them with evidence of my address and my bank account (which I had never closed, just allowed to go dormant). That's a couple of years ago though, I don't know about recent changes. Certainly it was just a formality when I went through the process, maybe because I lived in a small town where everyone knows everyone else.

Balagan

daithimacgroin wrote: »

thank you, i did hear in july they changed the guidelines a little to make things more friendly for returing emigrants, but if anyone out there has actually experienced going through the process recently, it'd be great if u could post on here

thanks reni10

This info on Residence requirements for social assistance in Ireland http://www.citizensinformation.ie/en/social_welfare/irish_social_welfare_system/social_assistance_payments/residency_requirements_for_social_assistance_in_ireland.html from Citizens Information was updated in July 2011

Two big issues are proving that Ireland is your centre of interest and that is well covered in this document, including listing all the documentation you will need, and the other centres around any property you may still own abroad. Not only will it be taken into account for means tested payments but seems to provide a big obstacle in proving that Ireland is really your main centre of interest now and that "you intend to settle in Ireland permanently and you do not intend to go back to live in the country you came from."

I am not sure if people posting here will be too willing to identify themselves as recently returned or go into the specifics of their own cases but there are those who are well placed to answer queries or who know where clarification can be sought.

eastbono

Daithi if you have any specifics you need to ask about HRC for a returned immigrant feel free to contact me and I may be able to help.

I have not gone through the HRC process but do know the criteria involved.

dxonsparks

I arrived here from the UK, with my family (wife, son, Daughter ) and applied for job seekers allowence, then SWA, and finally child benefit, I have been refused all three because of the habitual residence condition.

odds_on

And I was lead to believe that coming from the UK was more or less the equivalent of residing in Ireland as regards welfare benefits in that your benefits could be transferred from the UK.

dxonsparks

It is correct, you can transfer your benefits for three months, but we did not as the habitual residence condition says that you have to prove your centre of interest is in the state, so we thought it better to cut all ties with the UK.

eastbono

Centre of interest is not the only criteria... see operational guidelines

http://www.welfare.ie/EN/OperationalGuidelines/Pages/habres.aspx#7.1

dxonsparks

Trust me, I have read the guide lines inside out, and I am going through the process, its the un written guide lines that people are falling foul off, The Habitual Residence Condition was introduced in Ireland to prevent benefit tourism and hopefully stop an influx of Eastern Europeans from over welming the benefit system, that is far from what is happening Irish Nationals are failing the condition, and most Eastern Europeans arrive in the State as migrant workers so they in fact do not have to satisfy the Habitual Residence Condition.

Readyhed

I came back here in 2006 having lived abroad for 20 years.
applied for JA in Oct 2011 and was approved.
I had to complete a habitual residence form which asked a
number of questions designed to determine if I was genuinely
living in Ireland and, More Importantly, that my long term
intention was to live here.

Things like whether you own property or investments abroad.
If you have family living here. Are you a mmber of clubs here etc.,
are the type of question covered.

You need to obviously tick as many boxes as possible.

One question asked was how you proposed to fund yourself when you returned to Ireland.
In my case I had taken up some work and there were 5 years between my return and my claim.

eastbono

dxonsparks wrote: »

Trust me, I have read the guide lines inside out, and I am going through the process, its the un written guide lines that people are falling foul off, The Habitual Residence Condition was introduced in Ireland to prevent benefit tourism and hopefully stop an influx of Eastern Europeans from over welming the benefit system, that is far from what is happening Irish Nationals are failing the condition, and most Eastern Europeans arrive in the State as migrant workers so they in fact do not have to satisfy the Habitual Residence Condition.

Just to clarify anyone who is a non-national and claiming sw has to satisfy habitual residence. Irish nationals who leave the state and return have to satisfy habitual residence. Returning immigrants have to satisfy habitual residence.
Jobseekers benefit is not governed by habitual residence as this is a payment from your contributions but once a non-nationals benefit exhausts they are subject to habitual residence for their jobseekers allowance claim.