Irish and European law set down the following five factors to be considered when deciding if you are habitually resident:
- Your main centre of interest, based on facts such as:
- whether you own or lease a home here,
- where your close family members live,
- whether you belong to social or professional associations here, and
- any other evidence or activities indicating a settled residence in Ireland
- The length and continuity of your residence in Ireland or other parts of the Common Travel Area
- The length of and reason for any absence from Ireland. For example, you can spend time on short holidays, studying or travelling outside of the Common Travel Area and still be regarded as habitually resident here
- The nature and pattern of your employment, if any
- Your future intention to live in the Republic of Ireland as it appears from the evidence
We will consider the five factors equally when making a decision. The evidence we use for each factor depends on the facts of your case.