Habitual residency? This is new to me...

I came across this entry at
http://www.oasis.gov.ie/moving_country/ ... eland.html

I'm looking at the various ways I could stay in Ireland long term...(ie..) More than a 1 year WHV. I'm Canadian and already did a 1 year student WHV...I can do a non-student WHV but it's a one time thing.

"Habitual residency is intended to refer to a person's regular physical presence in Ireland. This physical presence endures for some time and usually (but not always) began at a date in the past and is intended to continue for a period into the foreseeable future.

What this means in practice is that, in general, if you have been present in Ireland for 2 years or more, work here and have a settled intention to remain in Ireland and make it your permanent home, you will satisfy the habitual residence condition. This habitual residency rule applies to everyone, regardless of his or her nationality.

If you have lived in other parts of the Common Travel Area (Northern Ireland, England, Scotland, Wales, the Channel Islands and the Isle of Man) for two years or more and then move to Ireland with the intention of settling here, you are also quite likely to satisfy the habitual residence condition.

The onus is on you to prove that you have been habitually resident in either Ireland or the rest of the Common Travel Area."

Does this sound right? I could get a 2 year UK WHV...and a 1 year WHV for the Republic of Ireland...would that really count as 2+ years in the 'Common Travel Area'....and thus...enough to qualify for residency in Ireland?

I think you are confused. If you are only a working holiday visa holder you won't even begin to be eligible for these, I should think - because you are not allowed to stay permanently.

JAJ,

Probably just overly optimistic.

The wording is quite vague. "If you have been present in Ireland/Common Travel Area for 2+ years...WORK HERE...and have an intention to remain here and make it your permanent home....."

You could technically do all that with WHVs...

I'll probably email Oasis directly but am interested to see what others think of this....

Dan01 wrote:The wording is quite vague. "If you have been present in Ireland/Common Travel Area for 2+ years...WORK HERE...and have an intention to remain here and make it your permanent home....."

You could technically do all that with WHVs...

How could you have such a serious intention on a time limited visa?

In my case, it's because I've already lived and worked in Ireland on a previous WHV...as well as spent time before that...simply traveling around the country.

If I was from an EU country I could know next to nothing about Ireland...had never been there before...and could STILL settle in Ireland no problem.
That's why citizenship of an EU country is so great. Too bad I don't have it.

Whether 2+ years worth of WHVs and a serious desire to settle in Ireland is enough...still trying to find that out.

I think you have some things mixed up. The habitual residency requirement is for entitlement of social welfare benefits. As I have mentioned before in this forum, welfare entitlements in Ireland are based in residency not nationality. However is you are resident say as a student you are only entitled to health care on the same basis as irish citizens, however you couldnt claim unemployment benefits