"The term "habitually resident" is not defined in Irish law.
In practice it means that you have a proven close link to Ireland.
The term also conveys permanence - that a person has been here for some time and intends to stay here for the foreseeable future." Gov.ie
Habitual residence is usually used in the context of social welfare benefits, but more and more is used as a kind of litmus test for other things. During Covid-19 in March 2020 a new guideline for Operational Guidelines: For Deciding Officers and Designated Persons on the determination of Habitual Residence
This guideline goes deeply into what the deciding factors will be for approving claims and can be used by any official who has to oversee a choice where habitual residence comes into account, maybe when you naturalise or in deciding stamp approvals. Whilst only benefit claims use the form the HRC1 the framework is more widely being used as a kind of litmus test.
This is the basics
Proving you are habitually resident relies heavily on fact and proof. If you have lived in Ireland all your life, you will probably have no difficulty showing that you satisfy the factors which indicate habitual residence.
To satisfy the Habitual Residence Condition (HRC) you must:
Have the right to reside in the State AND
Show that you are habitually resident, having regard to all of your circumstances, including in particular the following which are set out in the legislation:
- the length and continuity of your residence in Ireland or in any other particular country
- the length and purpose of any absence from Ireland
- the nature and pattern of your employment
- your main centre of interest AND
- your future intentions as they appear from all the circumstances
Who has the right to reside?
- Irish nationals have a right of residence in Ireland
- UK nationals coming in from the Common Travel Area (CTA) also have a right to reside here under the CTA agreement
- EEA nationals who are employed or self-employed in Ireland have a right to reside
- non-EEA nationals who have a residency or work permit to legally reside and work in the State, provided that there are no restrictions attached to that residency or work permit. For example, someone allowed to live in Ireland, on condition that they make no claim on State funds, would not be regarded as having a right to reside for HRC purposes
Make sure you download the correct form for your child benefit claim HERE and HRC1 CLICK HERE
Important links:
#MapMyMove- Our coaching Services - Confused or lost and need some direction, book a session with us to help untangle the confusion and work out your route of immigration
Child Benefit, HRC1 form and Operational Guidelines on Habitual Residence - Looking deeper at Habitual Residence, Child Benefit and HRC1 form
Permanent Residence and Naturalisation - How this works and how to prepare yourself from day 1 for five years time
Retention of SA citizenship - A basic review of your South African citizenship and retaining it if you choose to
