Migrant Ireland
Migrant Ireland

Jobseeker's Benefit
Jobseeker's Allowance
Supplementary Welfare Allowance
Making applications OR appeals

Habitual Residence Condition


Habitual residence means you have a proven close link to Ireland. Proving you are habitually resident relies heavily on fact.

The term habitually resident is not defined in either Irish or EC law. However, the following 5 factors, which have been set down in Irish and European law, will be examined to find out if you are habitually resident in Ireland:

  • Length and continuity of residence in Ireland or other parts of the Common Travel Area
  • Length and purpose of any absence from Ireland or the Common Travel Area
  • Nature and pattern of employment
  • Your main centre of interest
  • Your future intentions to live in Ireland as it appears from the evidence

The term habitually resident is not defined in either Irish or EC law. However, the following 5 factors, which have been set down in Irish and European law, will be examined to find out if you are habitually resident in Ireland:

  • Length and continuity of residence in Ireland or other parts of the Common Travel Area
  • Length and purpose of any absence from Ireland or the Common Travel Area
  • Nature and pattern of employment
  • Your main centre of interest
  • Your future intentions to live in Ireland as it appears from the evidence


Habitual residence is a condition which you must satisfy in order to qualify for some social welfare assistance payments. This condition took effect from 1st May 2004 and affects all applicants regardless of nationality.


Contact Department of Social Protection (www.welfare.ie) on 1890 66 22 44 or 071-9157100