When discussing residency in a legal context, the term generally refers to the place a person has established as their principal place of residence. People may choose to establish residency in one state or country while maintaining a home or presence in another for any number of reasons. To determine ‘residence’ the courts or authorities review the factors where a person habitually resides, with a focus on their intention and location of their home.
Factors Used to Determine Residence
Different states, countries and jurisdictions may have their own criteria to determine residence, but generally the court reviews a combination of factors including (but not limited to):
- Length of time spent in the particular place
- The location of the person’s primary place of employment
- Voting registration
- Location of financial accounts
- Where the person’s personal effects and vehicles are located
- Length of time at a particular address
Modern Examples of Residence
The COVID-19 pandemic has seen people’s living patterns and residency status shift due to compromised safety and health factors. More people are now working remotely, with many tech companies and startups becoming wholly remote, meaning employees can work from anywhere in the world. These changing patterns are now leading to an increase in mobile residency as people relocate and establish a new residence for part of a year or a full year.
Likewise, due to increasingly ‘borderless’ societies, couples may find themselves in the position of having to live in different countries. Lengthy travel restrictions may mean one partner is unable to travel with their spouse due to visa restrictions, establishing a new residence in a different country.
Conclusion
Understanding the concept of ‘residence’ is important in a legal context, as different jurisdictions have different criteria to determine whether a person is considered to be a resident. In a modern context, changes in freedoms and health have seen an increase in mobile residency, and a blurring of what it means to ‘reside’ in one particular place for a specific period of time.
Whether it is for long term residence or short-term, understanding where you stand in respect to your residence and the laws that apply can provide you with the information you need to make an educated decision.