Who is considered a legal resident?

mypatchofgreen

I'm a EU citizen, with a PPS number and an address in Dublin. Does that make me a legal resident of Ireland?

Thank you

biko

Yes I would say it does.

mypatchofgreen

Thank you, I wasn't sure of the terminology. I wasn't sure if you can be a legal resident without citizenship.

biko wrote: »

Yes I would say it does.

28064212

mypatchofgreen wrote: »

I'm a EU citizen, with a PPS number and an address in Dublin. Does that make me a legal resident of Ireland?

Thank you

In what context? INIS have a different definition to Revenue, for example

mypatchofgreen

Well, I'm thinking of participating in an art competition and it's available to a limited number of countries, Ireland being one of them. All it says in the T&C is that you have to be a legal resident of one of the countries listed as eligible, to enter.

Another phrasing they used is "Only entrants living in Ireland (and other eligible countries) are eligible to enter"

So terms they used it 'legal resident of Ireland' and 'entrants living in Ireland', and they are not interchangeable. I am living in Ireland, but I wondered if I'm a legal resident?

28064212

They're the only ones who can answer that question, you'll have to ask them. There is no catch-all definition of "legal resident"

mypatchofgreen

True, I reached out to them, to check.

28064212 wrote: »

They're the only ones who can answer that question, you'll have to ask them. There is no catch-all definition of "legal resident"

mypatchofgreen

So, they just shortly replied "As long as you are legally living in Ireland at the time of entry you are eligible to enter the contest." and they don't even require a proof of residence. So, it's safe to assume that having a PPS number and a registered address means I'm a legal resident?

Another question: are you still a resident if you go abroad to spend some time with your family and work for an Irish employer remotely? When do you legally stop being a resident of a country? I know I'm probably asking too much, but if someone knows...please and thank you

biko

With a PPS number the authorities have given you the right (afaik) to work and live here, I'd say that covers the "legal resident" bit.

28064212

mypatchofgreen wrote: »

So, it's safe to assume that having a PPS number and a registered address means I'm a legal resident?

No, it's safe to assume that you are eligible to enter that art competition

mypatchofgreen wrote: »

Another question: are you still a resident if you go abroad to spend some time with your family and work for an Irish employer remotely? When do you legally stop being a resident of a country? I know I'm probably asking too much, but if someone knows...please and thank you

Again: in what context? As posted above, from an INIS perspective, you would stop being eligible for a long-term residency once your visa ends. From a Revenue perspective, it's 183 days in a year. From the perspective of the arts competition, the only qualification is that you're resident here on the day of entry.

Your question makes no sense unless you put it in a specific situation

mulbot

28064212 wrote: »

No, it's safe to assume that you are eligible to enter that art competition


Again: in what context? As posted above, from an INIS perspective, you would stop being eligible for a long-term residency once your visa ends. From a Revenue perspective, it's 183 days in a year. From the perspective of the arts competition, the only qualification is that you're resident here on the day of entry.

Your question makes no sense unless you put it in a specific situation

this doesn't apply as the OP said he is an EU citizen,

28064212

mulbot wrote: »

this doesn't apply as the OP said he is an EU citizen,

I wasn't applying it to the OP specifically, just pointing out that there are many definitions of residency

mulbot

28064212 wrote: »

I wasn't applying it to the OP specifically, just pointing out that there are many definitions of residency

Ah ok,there are, i just thought he/she was asking specifically for their case.

glued

28064212 wrote: »

I wasn't applying it to the OP specifically, just pointing out that there are many definitions of residency

You're talking about tax residency which is an entirely different term. I thought it was fairly obvious what residency he was referring to.

28064212

glued wrote: »

I thought it was fairly obvious what residency he was referring to.

Which residency definition is it? Can you quote the definition of legally resident?

marmurr1916

mypatchofgreen wrote: »

I'm a EU citizen, with a PPS number and an address in Dublin. Does that make me a legal resident of Ireland?

Thank you

Yes. You don't have to be a citizen of Ireland to be a legal resident.

marmurr1916

28064212 wrote: »

No, it's safe to assume that you are eligible to enter that art competition


Again: in what context? As posted above, from an INIS perspective, you would stop being eligible for a long-term residency once your visa ends. From a Revenue perspective, it's 183 days in a year. From the perspective of the arts competition, the only qualification is that you're resident here on the day of entry.

Your question makes no sense unless you put it in a specific situation

EU citizens do not require visas to live in Ireland.

mypatchofgreen

the only qualification is that you're resident here on the day of entry.

Yes...but if I enter next month, will I still be a resident of Ireland, even though I'm not physically there? I am already eligible for the competition just by having PPS, correct?

marmurr1916

28064212 wrote: »

Which residency definition is it? Can you quote the definition of legally resident?

Resident in the state while being in compliance with any relevant immigration law. Pretty straightforward really.

Read the Acts and Regulations cited below if you want more information:

The principal legislation governing the entry and residence of non-nationals in the State is the Aliens Act, 1935 and the Aliens Order 1946 as amended, together with the regulations implementing the EU Rights of Residence Directives.

http://www.inis.gov.ie/en/INIS/Pages/WP07000207

marmurr1916

mypatchofgreen wrote: »

Yes...but if I enter next month, will I still be a resident of Ireland, even though I'm not physically there? I am already eligible for the competition just by having PPS, correct?

Yes. You don't have to be always physically present to be a resident. You can leave Ireland for up to 182 days per year and still be classified as a resident of Ireland.

Nobody involved in running this competition is going to do a thorough background check on the legal residency status of people who enter. You reside in Ireland in compliance with its immigration laws. That makes you a legal resident.

28064212

mypatchofgreen wrote: »

I am already eligible for the competition just by having PPS, correct?

Why do you think that? They never mentioned a PPS number:

As long as you are legally living in Ireland at the time of entry you are eligible to enter the contest

If you're not living in Ireland at the time of entry, you won't be eligible

mypatchofgreen

glued wrote: »

You're talking about tax residency which is an entirely different term. I thought it was fairly obvious what residency he was referring to.

In short: if you qualify as a resident for TAX PURPOSES, you are considered a resident of the country? And if you don't qualify (less than 183 days in a year), you're not considered a resident?

mypatchofgreen

28064212 wrote: »

Why do you think that? They never mentioned a PPS number:

If you're not living in Ireland at the time of entry, you won't be eligible

Because I had to register an address in Ireland for PPS number...?

In my mind, 'living in a country' means being registered as a resident there (here we go again with the 'resident'), having an address, not physically being there. I mean, you could go on a trip?

When I spoke to their support agent, they said I need to apply from Ireland but then I asked if my friend, living in Ireland, can submit application for me if I'm still abroad, they didn't say it would disqualify me, only advised me 'it would be better to submit myself to be sure I'm familiar with the Terms' (which I already am).

(I assume they ask you to apply from the eligible country because their website is blocking all other IP addresses)

I know I'm hanging on to technicalities here, but sometimes it can make a big difference. I'm probably boring everyone out of their minds. I might just call Citizens Information.

28064212

mypatchofgreen wrote: »

Because I had to register an address in Ireland for PPS number...?

Which only says that you lived in Ireland at one time.

mypatchofgreen wrote: »

In my mind, 'living in a country' means being registered as a resident there (here we go again with the 'resident'), having an address, not physically being there. I mean, you could go on a trip?

You could also emigrate, live in Australia for two years, while still having an address and PPS number in Ireland. You wouldn't be eligible to enter the art competition

mypatchofgreen wrote: »

I might just call Citizens Information.

Why? They have no relevance. An art competition is not bound by some Revenue definition of residency, or a PPS number requirement. They set their own rules, and they're the only ones who can answer questions on the rules.

mypatchofgreen

You could also emigrate, live in Australia for two years, while still having an address and PPS number in Ireland. You wouldn't be eligible to enter the art competition

2 years is not the same as being away for couple of months for a family visit.

An art competition is not bound by some Revenue definition of residency, or a PPS number requirement. They set their own rules, and they're the only ones who can answer questions on the rules.

Their rule is to be a legal resident of Ireland.
I asked them for details, but didn't get a detailed answer. They basically echoed the stuff I have already read on their website.

That's why I mentioned CI, to get a clear definition of legal resident.

28064212

mypatchofgreen wrote: »

That's why I mentioned CI, to get a clear definition of legal resident.

There is no such definition. Or, more accurately, there are loads of definitions, and it depends on the specific context. Example: you could be here on a Working Holiday Visa. Legally entitles you to work in Ireland on a short-term basis. You can also get a PPS number, and obviously you will need somewhere to live, so you can have an address in Ireland. This stay can be as short as you want, say 30 days.

Is someone here for 30 days legally resident here? They have a PPS number, they're here legally, they have an address, could have a bill/official letter to their Irish address. They can open a bank account in those 30 days. But they wouldn't be resident here for tax purposes, or a whole host of other purposes.

The only ones who can answer your question are the organisers of the arts competition

mypatchofgreen

Thanks

ancapailldorcha

OP, given that your questions have been answered I am now closing this thread.