Habitual Residence Condition - SW 108

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Right to Reside

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.

These include:

  1. Irish nationals have a right of residence in Ireland.
  2. UK nationals coming in from the Common Travel Area (CTA) also have a right to reside here under the CTA agreement.
  3. EEA nationals who are employed or self-employed in Ireland have a right to reside.
  4. 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), that is 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.

Last modified:10/02/2016