# Habitual Residence - appeal



## linoquasar (25 Feb 2010)

Today I received a letter from Habitual Residence Section which reads i`m not entitled to Jobseeker`s Allowance on the grounds that i am not habitually resident in this State. The reasons for decision:

You have resided outside the State for most of your life;
Your centre of interest is not in this State, your children reside in another EU state;
Your future intensions to remain in the State are short term;
Evidence available does not substantiate habitual residence.

I live in Ireland for almost three years. I have two sons (6 y.o.), who live in another EU country. In that country they attend specialized preschool educational establishment fot children with speech disturbances (i have a certificate). For this reason, I can not get them here. I have no other links with that country (property, banks acc.)
Anybody got any ideas about my chances for appeal?


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## gebbel (26 Feb 2010)

linoquasar said:


> Anybody got any ideas about my chances for appeal?


 
If you don't satisfy the clearly defined criteria for Habitual Residence then your chances of this decison being overturned are somewhere between slim and zero to be honest. In other words, no chance.


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## loli (26 Feb 2010)

gebbel said:


> If you don't satisfy the clearly defined criteria for Habitual Residence


gebbel, can I ask what are the _clearly defined criteria_?
because in reality the criteria are VERY vague, the deciding officers decide each case individually by considering if you have a "proven close link to Ireland"


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## Welfarite (26 Feb 2010)

loli said:


> gebbel, can I ask what are the _clearly defined criteria_?
> because in reality the criteria are VERY vague, the deciding officers decide each case individually by considering if you have a "proven close link to Ireland"


 

I woild agree on the vagueness that even confuses those deciding HR! I would advise anybody to appeal a decision that they are not happy with. This is the only way you can eb happy that you got a fair crack of the whip with an independent and fair 'second opinion'.


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## annet (27 Feb 2010)

There is information on the Coordination of Social Security Systems under EU Reg 1408/71.

http://ec.europa.eu/social/main.jsp?catID=599langId=en 

The Eurojus consultant who is a legal advisor in the European Commission's Representation in Ireland may be able to clearly advise you on your social security rights as an EU citizen.

http://ec.europa.eu/ireland/about_the_eu/legal_information_and_eu_law/enforcement/index_en.htm


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## Wolf1 (25 Apr 2010)

Please go to your nearest Citizens' Information Service. They will be able to guide you and should offer support in taking your appeal


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