Habitual residence form 2025

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To be habitually resident in fact you must show that you are living in the Common Travel Area. See full definition and have a settled intention to continue living here for the time being. In most cases, you also need to have been actually resident in the Common Travel Area.
If you need to prove habitual residence Youll need evidence that shows the UK, Ireland, Channel Islands or Isle of Man is your main home. You should collect together evidence that shows: when you moved to the UK, Ireland, Channel Islands or Isle of Man.
What does habitually resident mean? 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.
25 The concept of habitual residence has been consistently interpreted by the Court of Justice as meaning the place where the person concerned has established, and intends to maintain, the permanent or habitual centre of his or her interests (see Case 13/73 Angenieux v Hakenberg [1973] ECR 935, Case 76/76 Di Paolo v
To pass the habitual residence test, youll need to show that you: were habitually resident before you went abroad. have the right to reside - check the rules about the right to reside for benefits. were forced to get married abroad.
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Habitual residence is determined based on the totality of circumstances which may include both future intention and past experience. There is normally only one habitual residence where the individual usually resides and routinely returns to after visiting other places.

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