quarterfloun
Registered User
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The main condiiton for HRC is living here for previous 2 years and periods in UK are taken into consideration. Nothing to do with proving kids are at school here or that they are paying rent here. What is the exact story on their length of residency and their past history in this regard?
Been here 8 months, never been back to England since they got here. It has to be some form of State sponsored vindictiveness - I can't see why else they would be subjected to this. They live here, cut all their ties with the UK etc. etc. so "proving" that you live here should be straightforward. Bank Statements, bills, the school roll are not "Proof"
I bet the revenue will treat them as habitually resident when it suits them.
There is no 2 year rule any more, this was challenged by the European Commission and was amended.
If I want British citizenship I would need to live in the UK for 5 years. You're sort of bound by the laws of the country you visit.. it's nothing got to do with state vindictiveness.
Section 246 of the Social Welfare Consolidation Act 2005 provides that:
"it shall be presumed, until the contrary is shown, that a person is not habitually resident in the State at the date of the making of the application concerned unless he has been present in the State or any other part of the Common Travel Area for a continuous period of 2 years ending on that date."
If you are from the UK, living in Ireland, in a house, your three children go to an Irish National School why is this not considered appropriate to qualify you for habitual residence?
As far as I know the UK is CTA........as they lived all their lives there I think they fit the 2yr requirement.
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