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Habitual Residence

Whether a person is habitually resident in the place where they live will depend on the circumstances of the particular case - it is the quality of the residence rather than the length of time (there is no requisite period before acquiring habitual residence) that determines whether some-one is habitually resident in a place. It requires an element of intention to settle, for example by bringing possessions to the place of residence, seeking to make local connections, bringing family members and other such factors. It is possible to have habitual residence in two countries at the same time.


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