Crosscare Irish Diaspora Support Project welcomes comments by Minister for Housing, Local Government and Heritage, James Browne TD in relation to impact of the Housing and Residential Tenancies (Miscellaneous Provisions) Bill 2026 on Irish citizens moving back to Ireland from abroad.
The Bill is at the final stage and is due to be signed into law by President Connolly imminently. One of the main changes it introduces is habitual residency requirements for access to social housing and emergency accommodation related supports.
In Minister Browne’s speech as part of the Seanad Éireann debate on Tuesday 14 July 2026, he acknowledged concerns raised by Crosscare Irish Diaspora Support Project and our partners Safe Home Ireland and the Irish Council for Prisoners Overseas, and committed to engaging with Crosscare, Safe Home Ireland, and other diaspora groups in the development of guidelines and the implementation of the Bill to mitigate the impact of the Bill on returning Irish citizens.
Minister Browne stated:
‘In regard to amendment No. 2, Irish citizens are automatically legally resident. That is made clear in the proposed section 20A(3)(a) set out in the Bill. In practical terms, if an Irish citizen has severed ties abroad and has decided to return home, the process of establishing habitual residency could be determined from day one. It is neither intended nor anticipated that the residency eligibility criteria for accessing homeless support under section 10 of the Housing Act 1988 would have a disproportionate impact on Irish citizens returning to live in Ireland following extended periods of residence abroad. While a local authority is determining whether a member of a household is habitually resident in the State, it will take into consideration all the circumstances of the case as set down in section 20A(7) in the Bill. The five factors are not exhaustive and other evidence may be drawn upon to support a positive decision by the housing officer.
Additionally, no one factor is decisive, and an applicant need not score strongly on all five factors to achieve a positive decision. I am aware that there have been concerns raised by some parties, including Crosscare and Safe Home Ireland, and other organisations representing the interests of the diaspora returning from abroad. I assure Senators and those bodies that it is not my intention, nor the intention of my Government colleagues, to place additional burdens on those individuals.
Government policy explicitly recognises returning emigrants as a valuable asset in bringing international experience, skills, and networks that contribute to Ireland’s social, cultural, and economic development. Current diaspora strategies commit the Government to addressing obstacles faced by returning emigrants, including issues relating to documentation and other administrative processes, to ensure that returning to Ireland is as straightforward as possible. These habitual residency requirements will not undermine those objectives. I have already confirmed very little additional information will be required as part of the application process for social housing. Much, if not all of the existing documentation required – for example, proof of address, income and history of residency permission – will suffice. However, where additional evidence or supporting material for an application is required, local authorities will be empowered to request that to support their decision-making. The Department, in collaboration with the Housing Agency, will provide comprehensive guidance, training and workshops to all local authorities on an ongoing and regular basis. This guidance will be a live working framework that will benefit from ongoing updates and the input of officials in the Department of foreign affairs and bodies like Crosscare and others.’
We thank Minister Browne for his comments and extend our sincere thanks to Minister of State for International Development and Diaspora, Neale Richmond TD for his positive engagement on this issue. Special thanks also to the Irish in Britain for reiterating our concerns to Minister Richmond.
Thank you to our funders at the Department of Foreign Affairs and Trade for their responsiveness and support in raising our concerns at policy level. We will continue to engage with both the Department of Housing, Local Government, and Heritage and the Department of Foreign Affairs and Trade on the implementation of the Bill.
Following it’s commencement, we will be monitoring the situation for returning Irish citizens, gathering cases to evidence the impact of the new habitual residence rules. This issue will affect many other cohorts, and it is our hope that through this engagement, we can make a positive impact for vulnerable people in need of housing related supports.
