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Habitual residence and moving to the U.K

  • 17-01-2012 1:55pm
    #1
    4-age
    Registered Users, Registered Users 2 Posts: 178 ✭✭


    Hi Everyone,


    I returned from working abroad for two years in Aug and applied for social welfare I was asked to complete the habitual residence forms. On the 5th of December I was offered a job in the U.K. Having accepeted the job offer I signed off online and have moved to the U.K
    The social welfare have emailed and told me that as I am now living in the U.K that it will go to a deciding officer. Is this a normal occurance?
    Does any one know if it is likely I will get my claim?
    Thanks All


Comments

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


    If you have moved to the UK, what would you want Irish habitual residency for?
    But while you are living in the UK, you are clocking up time to use for an Irish residency application as, AFAIK, living in the UK is considered as living in Ireland as regards habitual residency.

    I do stand to be corrected.


  • #3
    4-age
    Registered Users, Registered Users 2 Posts: 178 ✭✭4-age


    I had to prove habitual residence in Ireland when I returned in Aug.
    However as I have moved to the U.K after only 4 months will I have a chance to qualify as a habitual resident in Ireland. I am an Irish citizen.


  • #4
    maryk123
    Registered Users, Registered Users 2 Posts: 643 ✭✭✭maryk123


    I think its unlikely you will qualify because what is looked at is your centre of interest. You can back after being away for 2 years and you are gone again within 4 months. So where does your centre of interest lie. I know you can argue the case that you went where the work was but you are gone out of the country again.

    Just something to consider.


  • #5
    cee_jay
    Registered Users, Registered Users 2 Posts: 7,920 ✭✭✭cee_jay


    They cannot use you moving to the UK as a reason for disallowing you under HRC grounds.
    They have to look at your situation at the date of making your claim for habitual residence. At that date, they will look at your centre of interest, your employment record, your ties to Ireland etc. Remember, being an Irish citizen doesn't necessarily mean you are habitually resident in Ireland.
    You moving to the UK after a number of months should not come into the equation.


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