Residence vs Habitual Residence
Summary
Residence and habitual residence are related concepts used to describe where a person lives, but they serve different legal purposes. Residence generally refers to factual living arrangements, while habitual residence is a legal concept used to identify the country with which a person has the closest and most stable connection.
Main explanation
What is residence
- linked to physical presence
- may be temporary
- based on objective criteria
What is habitual residence
- reflects stable connection
- based on factual circumstances over time
- not based on nationality or registration alone
Key differences
- Duration temporary vs stable
- Purpose administrative vs legal allocation
- Assessment simple vs holistic
Use in social-security and legal contexts
- determines benefit access
- identifies applicable system
- allocates responsibility
Differences across countries
- definition of habitual residence
- decisive criteria
- interaction rules
What this page does not cover
- national tests
- documentation
- tax residency
- immigration rules
- legal advice
References