Habitual Residency conditions

[DavidHRC]

Hi there, I am Irish returning after been abroad for 2 year and 2 weeks. I was born abroad and came to leave in Ireland in 2001 with wife and my first son, worked in the same conpany untill was made redundant at the end of 2010 on those years had 2 more kids born in Ireland. I was in JSB in 2011 untill ran out of benefit. Because we lived in south america before we hand back house we where paying on share ownershish to council, we move to south america taking the redundancy money we had left hoping to get a job there and wait until jobs were available in Ireland, that way I would be supporting my family and will not be a burden to the state. Things were bad there, ended without money to return!!! was hell!!. At the start of this year was call from school and was told from the principal that the 2 smaller kids were under underweight!! so I called my brother in Ireland to bring us back, we sent the older daughter on August for the school, and once my brother had the money he paid for the rest of the family to return. I had olmost no money but they were waiting for my CV on my other brother company, had an interview 5 days after arrival in Ireland,. HERE THE PROBLEM, job start on January and firt pay at the end of the month went to social welfare expaining all the above and more and they did not care, they just were worry about habitual residency and nothing else, after very unhuman interview I was not even ask what help I was asking for. Well I am in the process of getting papers but need to know if we have a chance to pas HRC, I am worry because if not then many benefits like child benefit and medical cards will not be available for the kids ( don,t care about me, and wife don,t care about her in this regard).

We are living now with one of my brothers in 1 room the 5 of us and sharing it with my 15 years old nephew( have 2 daughter 9 and 15); eating and having all our belongings in my other brothers house. 2 smaller kids need to go to school and no money for school clothes.

I went to many web pages ( citizeninformation, welfare) but still not sure if:

1 Is there any one who can help a family living like this?
2 have a chance with social welfare
3 what to do in case application denied

Thanks very much.

 

[Guns N Roses]

Hi David,

Your post is very long. Could you please clarify the following?

1) How did you obtain your Irish Citizenship? You say you were born abroad.

2) Am I right in saying that you have managed to secure a job but that you only get your first pay cheque at the end of the month.

3) What type of social welfare payments are you looking for?

 

[Guns N Roses]

1. Yes. Your local Community Welfare Officers may be able to provide you with emergency payments until your Social Welfare application is processed.

2. I would think so. The following paragraph from the Citizens Information Website would appear to support your eligibility for Social Welfare.

Returning Irish emigrants
EU rules prevent discrimination on nationality grounds in relation to social security, so it is not possible to exempt a particular category of Irish citizens (such as returning Irish emigrants) from the habitual residence condition (either in general or for Carer’s Allowance) without extending the same treatment to all EU nationals. However, the guidelines on determination of habitual residence address the issue of returning emigrants very specifically. The guidelines state: “A person who had previously been habitually resident in the State and who moved to live and work in another country and then resumes his/her long-term residence in the State may be regarded as being habitually resident immediately on his/her return to the State.”
When determining the main centre of interest for returning emigrants, Deciding Officers take account of:
The purpose of your return, for example, because your foreign residence permit has expired
Your stated intentions
Verified arrangements which you have made in regard to returning on a long-term basis, for example, transfer of financial accounts and any other assets, termination of residence-based entitlements in the other country, or assistance from Safe-Home or a similar programme to enable Irish emigrants to return permanently
Length and continuity of your previous residence in the State
Your record of employment or self employment in another state and
Whether you have maintained links with your previous residence and can be regarded as resuming your previous residence rather than starting a new period of residence.

3. You can appeal but appeals can take up to 2 years to be heard.

 

[DavidHRC]

Hi David,

Your post is very long. Could you please clarify the following?

1) How did you obtain your Irish Citizenship? You say you were born abroad.

2) Am I right in saying that you have managed to secure a job but that you only get your first pay cheque at the end of the month.

3) What type of social welfare payments are you looking for?

Thanks very much for your answer. My father was Irish so I got Irish Citizenship, the job will start before the 2nd week of January so wont get pay untill the 20th, I was looking for JS allowance for 2 or 3 weeks and some urgent needs for school clothes.

 

[DavidHRC]

Thanks very much, it was the Community Welfare Officers the one that did not even asked or let me say why I was on her office, she just asked/interrogated us about habitual residency, also I showed her the paragraph from the Citizens Information Website and said to me :State may be regarded, she said it MAY and said do you understand that word..finnaly can you please let me know where do you read about the 2 years waiting???

 

[Guns N Roses]

It's unfortunate that your Community Welfare Officer is being unhelpful but understandable considering you cut your ties with Ireland. You cannot expect to receive social welfare as soon as you arrive back. You should have saved some money before returning to Ireland.

I would go ahead and apply for social welfare payments such as job seekers and medical cards as you need them in the future.

If you are refused, you can appeal the decision. The length of time it takes to have your appeal is not written down anywhere. It's been my personal experience that it can take up to 2 years due to demand & staff shortages in processing appeal applications.

If you're badly short of money for school clothes etc, you might try some charitable organisations such as St Vincent De Paul who may be able to help.

Good luck in your new job!