Mary Coughlan (Donegal South West, Fianna Fail)

The European Court of Justice. The decision was made yesterday. The habitual residence requirement can be introduced but it must apply to every EU citizen, including our own. Guidelines will be set and, on the basis of previous European court judgments, the Department can deal with this issue on a case by case basis. For example, Irish citizens returning from the US may be in a difficult legal position because they did not pay social insurance contributions. If they move back here lock, stock and barrel, put their children into schools and seek employment having previously had a centre of interest, they will able to prove a habitual residence requirement.

Guidelines are being determined under EU case law and departmental staff will be trained on the basis that this is a new requirement and it will be important to advise public representatives and CICs when they are finalised on what will be required to prove habitual residence.