EUROPEAN UNION AGENCY FOR ASYLUM Nature of the residence Duration of the stay The concept of habitual residence is wider than that of legal residence, as a stateless person may be residing in a country where they have no legal right to stay. The absence of a legal entitlement to stay in the country of former habitual residence is a reality for many stateless applicants. The requirement of having legal residence is therefore not needed. De facto residence can be considered as a relevant indicator. However, if the applicant had a legal right to stay in the country, it would be a strong indication that the country may be regarded as a country of former habitual residence. The nature of the residence may also affect the right to return. It is unlikely that a stateless applicant who has left a country where they were not legally residing or where their legal residence has ended, will have a right to return to that country. However, if such a right to return exists, that would show a continuity in the residence, hence an indication of habitual residence. For example, an applicant may have resided legally in the country only because they were sponsored by their employer. After losing their job, they may not have the right to return to that country. However, it could still be considered a country of former habitual residence in their case. For a country to be considered as one of former habitual residence, the stay should have a minimum duration. That minimum duration may vary depending on national practice. However, the duration of the stay cannot be assessed in isolation. For example, it may be necessary to consider a combination of factors such as the legal residence of the applicant in the country, with the reasons for them having moved there and their intention to stay there with their family. These factors may play a role in your appreciation of the duration and lead you to consider that it is sufficiently ‘significant’ in the individual circumstances. The ‘intended’ duration of the stay may also be relevant to consider. The idea of being ‘habitually resident indicates that the person resides in [the country] on an on-going and stable basis’ ( 64). This generally entails a notion of duration. To consider a country as a country of ‘habitual’ residence, the applicant’s presence there needs to be more than merely short-term, intermittent or temporary. Uninterrupted and permanent stay There is no requirement that the stay should be uninterrupted or permanent for the country to be considered one of habitual residence. Regularity of the stay is however indicative of habitual residence. The more stable the residence, the more likely it is that the country may be considered as a country of former habitual residence. Settlement This is understood as having one’s main centre of interest in a country is a strong indicator of stable residence in that country. However, the intention to settle is not necessary for the country to be considered one (64) UNHCR, Handbook on Protection of Stateless Persons, 2014, paragraph 139. 30