Have been working outside EU for 4 yrs and now unemployed in Ireland ... Help!

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Aud33

Guest
Hi
I have just returned from abroad where I've been working on seasonal contracts for the past 4 years and unfortunately have no stamps that can be used in Ireland to claim jobseekers benefit but there's a possibility that I can get jobseekers allowance instead. My questions are: ...

What is the JA weekly rate? I can the JB rate on oasis.gov.ie so is this the same as the JA's rate?

How hard is the means test and the Habitual Residence Test? Before I was abroad (I left when I was 26), I have always worked as a teenager and as an adult in Ireland and I intend to stay here now. As I don't have the stamps for JB, I need to prove that I want to live in Ireland.

I've done the whole agency bit and being brought in for jobs that don't exist in the first place. It's a complete employers' market out there and despite having good qualifications and work experience..the only piece of work that been's offered to me is tempping for 3 hours a day for 5 days a week in a very menial job, travelling 2 hours to get there and another 2 hrs to get back PLUS they're looking for a 3 month commitment from me! I haven't had the nod yet from Social Welfare to say I'm getting any JA at all and I don't know whether to take this tempping job ... given the travelling expense, that the 3-month commitment could block another job opportunity and it's not my area of expertise. But if things don't pick-up (my worse fear) ... what would you do???

Help sought just for the sake of peace of mind!

Thansks.
 

Joleen

Registered User
Messages
23
Is there anyone who can fully expalin Habitual residence in detail? I checked the link below but it is still a bit vague.

If an Irish Citizen has being working outside of the EU for two years and returns back with a child would they be entitled to any benefits? Previously they had being working in Ireland for 7 years.

Thanks for your replies.
 

Welfarite

Frequent Poster
Messages
3,058
Five factors are considered when deciding whether you are habitually resident:
  • your main centre of interest - facts such as whether you have a home, close family, a job, friends or you are a member of a club or a professional body or have financial accounts such as bank accounts, etc. will be taken into account when deciding whether the Common Travel Area is your main centre of interest,
  • the length and continuity of your presence in the Common Travel Area,
  • the length and reason for any absence from the Common Travel Area,
  • the nature and pattern of your employment, if any, in the Common Travel Area, and
  • your future intention to live in the Republic of Ireland as it appears from your particular situation.
The list is not exhaustive, no single factor is likely to be the most important and some factors may have more influence than others, depending on your particular circumstances.

Here's another, more detailed document on it. The main factor is that you have not been resident outside the country for two years or more sand this is the most common reason for turning pweople down on SW under the HRC. However, your intentions to stay here are also taken into account.
Every case is treated on its own merits and it would nbe impossible in a forum such as this to advise whether one would be considered as 'habitually resident' here by SW. To complicate things further, I think the rules are a little bit less strict when claiming family-type payments. This due to obligations by Ireland under EU family law.
sorry I can't be clearer on it.
 

tabris6ie

Frequent Poster
Messages
55
I lived outside ireland for two years and had to sign on for two months when I came back. They told me at the time I'd have to wait 12 weeks which apparently is the standard time you have to wait if you've been out of the country for more than a year continuously. Can't remember whether or not they back paid me but I was lucky enough to get a lady in the dole office who waived the waiting period after about six weeks
 
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Aud33

Guest
So what I could be looking at is possibly ...

- not qualifying for any JA
- no income coming in the door
- unless I take a job ... any job irrespective of my skills and experience to date AND that is if I can find a permanent job that is other than tempping.

WELCOME HOME!
 

gar123

Frequent Poster
Messages
298
what type of experience do you have there are a lot of people who post on here that are involved in a large variety of businesses.

post what you would like and you never know ??
 
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Aud33

Guest
Well you never know .... I've been away working with a tour operator on logistics but have experience in public affairs, event management, travel & tourism, basic administration and direct sales. I'm not shy of being in public and being a bit different but I do basically just like to get a job done!
 

dontaskme

Frequent Poster
Messages
259
The three month commitment sounds a bit irregular. If you have a job, there are usually standard notice periods. If you want to leave after a month, or if the employer wants rid of you, standard notice period is, I think, a week. I would be very surprised if they would sue for damages if you quit after a month. Or you could just tell them to fire you. Edit: also, if it is part-time, you might be able to sign on for the other three days.
 
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Aud33

Guest
I asked SW about the other 3 days. It only applies if you are working 3 days out of the week. Since the temping job is mornings Mon-Fri, it doesn't count because it's over the 3 days irrespective on how little income is earned. If I was to work the same hours for Mon-Wed, I could sign on for other days. As it turns out, a job I went for a while back (and heard nothing back from) has been in touch and I start full-time on 5th Jan!!! Just goes to show ... you never know what can happen and maybe things are beginning to look up.
 
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