Discussion archive

Top Income Support & Jobseeker's Allowance topic #4309

Subject: "Irish national - right to reside" First topic | Last topic
dcarlin
                              

Paralegal, Housing Team, Hopkin Murray Beskine Solicitors, London
Member since
06th Dec 2005

Irish national - right to reside
Fri 20-Jul-07 12:02 PM

From what we understand, Irish nationals are within the common travel area, do not have any restrictions on residence and should be eligible in the same manner as UK citizens, ie, have to show habitual residence in Ireland or the UK but nothing else.
Is this correct and if so, could someone please point me to the relevant immigration regs or any other source material.

  

Top      

Replies to this topic
RE: Irish national - right to reside, pclc, 20th Jul 2007, #1
RE: Irish national - right to reside, Essie, 20th Jul 2007, #2
      RE: Irish national - right to reside, ariadne2, 09th Aug 2007, #3

pclc
                              

legal advice worker, plumstead law centre
Member since
16th Feb 2006

RE: Irish national - right to reside
Fri 20-Jul-07 12:48 PM

Not sure of the regs - check CPAG handbook.

You are right - our understanding is that Irish Citizens do have an automatic right to reside and, if travelling within the CTA ( i.e from Ireland to UK ) do not have to satisfy HRT. HRT only comes into it if they arrive in UK from outside CTA.

  

Top      

Essie
                              

specialist support worker, LASA
Member since
02nd Feb 2004

RE: Irish national - right to reside
Fri 20-Jul-07 01:30 PM

SS (PFA) Amendment regs 2006.

Starting with IS regs 1987, 2006 regs (via reg 6) amends reg 21, by inserting 21AA, which gives the meaning of "person from abroad" and provides that that person is not habitually residence, in UK,Chanel Island, Isle of Man, and the Republic of Irland, if he does not have Right to Reside because.... etc etc. Meaning for all the CTA guys, hbres is required, but not the right of residence.

The 2006 has also amended the rest of the means tested benefits, jsa,pc,hb,ctb etc exactly the same way.

Hope this is ok.

  

Top      

ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: Irish national - right to reside
Thu 09-Aug-07 09:24 PM

The point is that if someone is habitually resident within the CTA then he is treated as hab res as soon as he arrives in GB, but he does need to establish that he is hab res somewhere in the CTA (ie he can't arrive from Bulgaria in Dublin and then a week later turn up in the UK). But anyone from the CTA has always had a right to reside in the UK and so this ahsn't changed.

I met another of those cases today where the DM didn't know that Ireland is in the EU - where do they find these people???

  

Top      

Top Income Support & Jobseeker's Allowance topic #4309First topic | Last topic