The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.H.10 Habitual residence

Definition

A person's country of habitual residence is the country where a person usually lives. 'Residence' means more than presence, it refers to a place where a person resides or lives for a settled period. 'Habitual' indicates that something more than occasional or short-term residence is required, but continuous presence is not required. A person in a country as a tourist or in transit is not habitually resident there.

Example: Mehrdad arrived in Australia recently and stated on their entry documents that they intended to establish themselves there. From the entry date, Mehrdad is considered to be a habitual resident of Australia.

Example: Crystal has been living in New Zealand for 8 months and appears to have no immediate intention to leave the jurisdiction. Crystal is considered to be a habitual resident of New Zealand.

Act reference: CSA Act section 150DA Registrar’s jurisdiction to cease in certain circumstances

CSRC Act section 4-'resident of a reciprocating jurisdiction', section 25A (5) The Registrar may refuse to register a maintenance assessment …

Policy reference: CS Guide 1.6.4 Habitual residency under the Australia-New Zealand agreement

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