Habitual residence.

Falcon L

Hi All. My son is returning to Ireland soon from an EU country. He and his wife will live with us until he finds a place to rent and he will be looking for work. He has a bank account and a credit union account here. He has no ties in the country he is leaving. All his family are here, in Ireland.

My question is this: will he have a problem proving habitual residence or is there something else he can, or should, do?

Thanks for reading.

Speedwell

Falcon L wrote: »

Hi All. My son is returning to Ireland soon from an EU country. He and his wife will live with us until he finds a place to rent and he will be looking for work. He has a bank account and a credit union account here. He has no ties in the country he is leaving. All his family are here, in Ireland.

My question is this: will he have a problem proving habitual residence or is there something else he can, or should, do?

Thanks for reading.

He will have trouble proving habitual residency if at the time of application he has not worked in Ireland since he arrived, or has obtained a place to live under his own name. That seems to be the main thing they look for. It's up to the welfare officers really.

Falcon L

Speedwell wrote: »

He will have trouble proving habitual residency if at the time of application he has not worked in Ireland since he arrived, or has obtained a place to live under his own name. That seems to be the main thing they look for. It's up to the welfare officers really.

So, when he rent's his own place he might be ok? He will be very actively seeking work, in fact, he is sending CVs now, and he won't be back here until September.

wokingvoter

Have a good read of this and come back and ask any questions you still have.
It's very important that your son tie up and close of any loose ends he has in the country he's in now and has proof of that.
How long has he been gone?

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

Falcon L

wokingvoter wrote: »

Have a good read of this and come back and ask any questions you still have.
It's very important that your son tie up and close of any loose ends he has in the country he's in now and has proof of that.
How long has he been gone?

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

I read that, but the area of habitual residence is short on information. One guy in the Citizens information office said 'yeah he'll have no bother' another said it's difficult to prove habitual residence and it's all down to the official deciding.

He has been out of Ireland for 15 years, since his early teens. He is closing off everything like bank accounts, car insurance, rental contract etc. and should have proof of this.

wokingvoter

Falcon L wrote: »

I read that, but the area of habitual residence is short on information. One guy in the Citizens information office said 'yeah he'll have no bother' another said it's difficult to prove habitual residence and it's all down to the official deciding.

He has been out of Ireland for 15 years, since his early teens. He is closing off everything like bank accounts, car insurance, rental contract etc. and should have proof of this.

In particular the proof of his tenancy having ended and bank account closed seems to be important to SW.
You have to understand that SW don't want to make payments to a family who are returning to Ireland with a view to visiting with family (you) and "seeing" if they would like to settle here or maybe go further afield.
There is no such thing as your son having TOO much evidence that they have cut all ties.
Do they get SW of any kind including Child Benefit? A letter confirming that that SW has been cancelled and that they are not entitled to any other SW from there would be a great thing to have.
Ireland SW would be entitled to say that if they have any SW entitlements leaving there, that they should avail of those entitlements first.
A lot of it does depend on the official you deal with but the fact that he has lived outside the country for so long speaks to me that the full rigours of the process of application will be brought to bear.
If they as a family could join the library, swimming pool/leisure centre , enroll the kids in school/ crèche/play school/ girl guides/ Boy Scouts/ sports club/ guitar classes ( you get the picture) as soon as they can, and retain proof of joining then this is helpful, in particular enrolling in school and opening bank accounts.
Keep all boarding passes and travel arrangements.
I can't think of anything else if I will ill post it here.

Falcon L

wokingvoter wrote: »

In particular the proof of his tenancy having ended and bank account closed seems to be important to SW.
You have to understand that SW don't want to make payments to a family who are returning to Ireland with a view to visiting with family (you) and "seeing" if they would like to settle here or maybe go further afield.
There is no such thing as your son having TOO much evidence that they have cut all ties.
Do they get SW of any kind including Child Benefit? A letter confirming that that SW has been cancelled and that they are not entitled to any other SW from there would be a great thing to have.
Ireland SW would be entitled to say that if they have any SW entitlements leaving there, that they should avail of those entitlements first.
A lot of it does depend on the official you deal with but the fact that he has lived outside the country for so long speaks to me that the full rigours of the process of application will be brought to bear.
If they as a family could join the library, swimming pool/leisure centre , enroll the kids in school/ crèche/play school/ girl guides/ Boy Scouts/ sports club/ guitar classes ( you get the picture) as soon as they can, and retain proof of joining then this is helpful, in particular enrolling in school and opening bank accounts.
Keep all boarding passes and travel arrangements.
I can't think of anything else if I will ill post it here.

Thanks for that.

They have no kids at the moment, that's part of the reason they want to come home. They have never claimed any social welfare benefits where they are, they both have a good work ethic and have jobs. They are only looking for any help they can get to make the move possible. Renting a house or apartment and finding work is their plan. But if work isn't immediately available, the rent would be tough to pay.

Bottom line is that they don't want to be on welfare for any real time, not at all if they can help it. They want to work and raise a family.

wokingvoter

Ok. Tell them in my experience they need enough money to support themselves for at least 12 weeks with no gauruntee of anything after that but if it goes smoothly it might be.
I'm sorry I can't give you any gauruntees.
If they could possibly rent there own place from the start and show a years lease on a lease/rental agreement then that would be great.
Once again, if they are staying with you then it possibly looks like they are a young childless couple who have left their jobs and home to go on an adventure but are going to crash with you guys for a few months first, her getting to know you and his family properly, seeing Ireland etc. and they just need some "walking around" money?
Taking out a lease, copious job applications, opening a bank account, registering with Solas etc. are all evidence to counter this suspicion.

mcneil

What if someone employed them for 1 month. Would that work to their benefit. I run my own business and have a family member returning home soon and he falls into this having to prove habitual residence. I'd love to employ him full time but would only have 1 month work for him. After this employment finish's, would he be entitled to job seekers or still have problems proving residence. He owns his own mobile home which is on my land and was living there before he left 4 years ago for work. He was already registered there before working and signing on.