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