The Right to Reside Condition is set out in Section 246 (5) of the Social Welfare Consolidation Act 2005 (as amended).
This provides that a person who does not have the right to reside in the Republic of Ireland would not be regarded as being habitually resident in the Republic of Ireland.
Who has a right to reside?
Subsection (6) sets out a list of persons who shall be taken as having a right to reside.
- Irish nationals have a right of residence in Ireland.
- UK and EU 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.
Permission to reside will generally be evidenced by an appropriate immigration stamp in the person's passport, a letter of authorisation or a Certificate of Registration issued by the Garda National Immigration Bureau (GNIB), i.e. a GNIB card.
See HRC Guideline on www.welfare.ie for more details or go directly to Chapter 5 of the HRC Guidelines at:
Main Centre of Interest
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,
— any other evidence or activities indicating a settled residence in Ireland.
- The length and continuity of your residence in Ireland.
- The length and purpose of any absence from Ireland. For example, you can spend time on short holidays, studying or travelling 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 all the circumstances.
We will consider the five factors equally when making a decision. The evidence we use for each factor depends on all the facts of your case.