Returning emigrant and habitual residency condition

mosi

A friend of mine is currently home visiting after a long absence living abroad, outside the EU. He initially moved away as he was having a child with a woman who was from the country he moved to. The last time he visited was 14 years ago, and the child is almost an adult now so he is thinking about his options.
He has had some physical issues and continues to have mental health issues and is in receipt of an equivalent to disability allowance in his country of residence. He is on various medications for his issues. He is concerned that he may have problems getting our disability allowance, or any sort of state support - in particular, a medical card - should he move back.
I should add that this person has stayed where he is because of his son, but has no other family out there. He split from his son's mother many years ago. He hates being where he is now, and it's not helping his mental health.
Does anyone know if there is any way he can move back - or how he could prepare to move back - and be able to access entitlements such as disability allowance and the medical card?

sierra117x

Difficult to say as he would need to show habitual residency. He has family here I presume but he also has his son and former partner living wherever he is now. Added to the fact that he has been away so long...no one would be able to give a straight answer. I doubt he could make the claim from abroad so his only reasonable way to find out would be to return home and apply.

sierra117x

Apologies I re read he is already home. Make an application sure while he is here and they could tell him if he is hrc or not

Balagan

Your friend will have to meet the habitual residency conditions and what he will need to do to start preparing for that while still residing in his present location is outlined below. Essentially, he will need to prove that he has severed all connection to that country and that Ireland has become his main centre of interest

As you have outlined he is concerned about care for his physical and mental health needs should he move back to Ireland. Meeting the habitual residency conditions is a stressful and can be a lengthy process. He is right to be concerned as it is exceptionally difficult to ensure that there would be no break in GP care and access to necessary prescriptions for both mental and physical conditons while waiting for processing of social assistance payments and medical card. The application for Disability Allowance would be an even longer process. He would need to bring all his background medical records and up to date reports with him, including doctor's letters outlining current prescriptions etc. Don't mean in any way to discourage him, and of course he has every legal right to reside here, but the wait for social assistance payments will be difficult and, as we all know, there is not a good mental health support system here and the waits for treatment can be very lengthy indeed as can waits for physical treatment. He needs to weigh that up against the care he is presently receiving where he lives.


Returning Irish emigrants
EU rules prevent discrimination on nationality grounds in relation to social security, so it is not possible to exempt a particular category of Irish citizens (such as returning Irish emigrants) from the habitual residence condition (either in general or for Carer’s Allowance) without extending the same treatment to all EU nationals. However, the guidelines on determination of habitual residence address the issue of returning emigrants very specifically. The guidelines state: “A person who had previously been habitually resident in the State and who moved to live and work in another country and then resumes his/her long-term residence in the State may be regarded as being habitually resident immediately on his/her return to the State.”

When determining the main centre of interest for returning emigrants, Deciding Officers take account of:

The purpose of your return, for example, because your foreign residence permit has expired
Your stated intentions
Verified arrangements which you have made in regard to returning on a long-term basis, for example, transfer of financial accounts and any other assets, termination of residence-based entitlements in the other country, or assistance from Safe-Home or a similar programme to enable Irish emigrants to return permanently
Length and continuity of your previous residence in the State
Your record of employment or self employment in another state and
Whether you have maintained links with your previous residence and can be regarded as resuming your previous residence rather than starting a new period of residence.
Documentation
If the DSP needs more information to decide whether you are habitually resident in the Republic of Ireland you may be asked to fill out the HRC1 form (pdf).

Regardless of what country you are coming from you may be asked to provide documentary evidence that shows your 'centre of interest' is now in Ireland. This evidence should show that you have moved to Ireland, you intend to settle in Ireland permanently and you do not intend to go back to live in the country you came from.

Where possible, you should provide the following documentary evidence:

Proof to show you have given up accommodation abroad
Proof that you have cancelled or applied to cancel any non-transferable benefits
Proof you have transferred or applied to transfer any transferable income
Proof to show measures you have put in place to open a bank account here
Proof to show you have a tenancy in your own name (in Ireland)
Proof of travel documents including, where relevant, excess baggage fees and removal/shipping receipts
All evidence presented will be authenticated, as far as is possible, by the relevant Officer. In some cases you may be asked to submit further documentary evidence. In certain cases, a Social Welfare Inspector may investigate your application. http://www.citizensinformation.ie/en/social_welfare/irish_social_welfare_system/social_assistance_payments/residency_requirements_for_social_assistance_in_ireland.html