Elaine B.

Hi folks it's been a long time since I posted on here. We moved back in July 2008 and haven't regretted it for a second.

I'm looking for helpful info. for my MIL who is currently living in Montreal. She is Canadian but has Irish Citizenship. She did live in Northern Ireland from about 1988 to 1997. She is 60 years old and recently widowed. My husband is her only child.

As she has an Irish passport. Can she just move back without any problem from Immigration? I know there will be many other problem such as finding work and somewhere to live (she'll stay with us to start and we'll help her financially as much as we can) but the first thing is getting her in the door!

Beccarose

Assuming you mean she would be moving to Ireland then I don't see why you would think there might be a problem? She's an Irish citizen with an Irish passport- what could be easier?
Perhaps someone else can shed more light on this but I don't see where the issue lies.

holly_1948

I don't see a problem with moving in with you.

She would essentially be in the same position as a returning British citizen. That is, loosely speaking, the only benefits would be those which are not means tested. NHS and child benefit (unlikely she has any underage children from your description) are not means tested. Until considered to be habitually resident or perhaps a "vulnerable person" (that has special legal meaning). So if you take her in it is likely to be for the best part of a year.

englishguygoinghome

As an EU citizen (Irish) she can just walk straight in.

scot47

If she passes the "Habitual Residence Test" she would be eligible for Pension Credit. Check that out on the DWP website.

holly_1948

Apart from the case of the OP, a more general problem is that the DWP, and other government websites offer "guidance" that is full of vagaries and self-contradictions. Thus leaving people not knowing where they stand and just hoping for the best knowing that appeals take outrageously long times.

Just as one example (there are many many more) to illustrate the problem, it is claimed in various places that (as to habitual residence) the DWP gives good general guidance (pdf) (paragraphs C4.87-106). Which refers to a document at
http://www.dwp.gov.uk/docs/hbgm-c4-p...rom-abroad.pdf
HOWEVER, it says up front that that document relates only to "People from abroad" without giving any guidance as to whether an Irish citizen is, or is not, "People from abroad" in the circumstances of the OP's mother-in-law.
I would say she was a "person from abroad" until leaving the airport perhaps, but not after that. But that's just me, everyone and their aunt will have a different take on this.

If only they would state clear rules people would know where they stand, but they do not. I am unsure whether incompetence, uncaring public servants or malfeasance is at work, but it is one of those. If the rule were, for example, four months' physical presence then folks would know where they stand but instead it is more like roulette (which has its place, but not in this context).

Elaine B.

Thank for the helpful comments guys I had assumed there would be no problem as she's an Irish Citizen. She's a bit worried about moving back so any reassurance is helpful The bigger problems are going to be finding her own place to live and finding work but one thing at a time!

I'm sure I'll be back with more detailed questions.

Jerseygirl

Hi Elaine. Wow I can't believe it's over 4 years ago since you moved back home. How are you?

Elaine B.

Hi Jerseygirl nice to see you're still hanging out around here I'm great well settle back in to life here and as I said no regrets about moving back, although I would like to get to Canada for a visit and show the kids where they used to live.