The Five Factors
Section 246 (4) of the Social Welfare Consolidation Act 2005, incorporates into Irish law 5 factors that have been set down in judgements given by the European Court of Justice (ECJ) as relevant to determining whether a person is habitually resident. The following are the five factors:
Factor 1 - Length and continuity of residence in Ireland or in any other particular country
Factor 2 - Length and purpose of any absence from Ireland
Factor 3 - Nature and pattern of employment
Factor 4 - Applicant's main centre of interest
Factor 5 - Future intention of applicant concerned as they appear from all the circumstances.