Generally, residence refers to a place where a person lives. It is also a building that is used as a house. The residence is rather temporary compared to the home. A person`s current physical residence is residence[iii]. This can be one of many places where a person can be present. Residence may also be linked to the fixed residence of a person with no intention of moving. Part of the problem with the judgment of „domicile“ in common law provinces is that (i) it is usually modified by terms such as „ordinary“, „real“ or „ordinary“, each of which changes the fundamental meaning of the word „residence“, (ii) the meaning of the word may be affected by whether it is used as a choice of law or place concept, and (iii) the term can be used alone or as part of an approach to a group of important contacts. n. 1) the place where one settles. However, a person may have their state of „residence“ elsewhere for tax or other purposes, especially if the residence is of convenience or of poor duration. (2) in company law, the State of incorporation. (See: Inhabitants) Whether the term „domicile“ used in a statute is interpreted as meaning „residence“ or vice versa depends on the purpose of the statute.
The nature of the object and the context in which the term is used would also be taken into account. Family members of serving military personnel may each have a different legal residence. The spouse does not automatically assume the legal residence of the active member at the time of marriage. The spouse must meet the criteria of physical presence and intention to stay or return. Minors usually assume the legal residence of one parent and, when they reach the age of 18, they also have the option of establishing their own legal residence, which may be different from that of both parents, provided they have complied with the guidelines of physical presence and intention to stay or return. „Home of Record“ should not be confused with legal residence. „Home of Record“ is the address a soldier had when he entered service. It doesn`t change. The domicile of registration and legal residence may be the same address and remain so even if the person or his or her relatives no longer reside in the place until the member has established residence elsewhere after entering active service. In order to recover the „Home of Record“ as legal residence, he/she must restore physical presence and intention to remain or return to the state. The concept of residency has different meanings in different contexts.
For the purposes of jurisdiction, „domicile“ means a lawful domicile, which is the place where a person has permanent housing with the intention of making it his permanent residence. This distinction is relevant to military personnel, who may change frequently over the course of a typical career; College students whose residency may affect their eligibility for scholarships and grants from a state university; and pensioners whose place of residence determines where they pay taxes. Residence determines where a person votes and where their driver`s licence is issued. RESIDENCE. Place of residence. (S. A.) There is a difference between where a man lives and where he lives. He may be a resident of Philadelphia, and yet he may have a residence in New York; Because although a person can only have one residence, he can have several places of residence. A residence is usually transitory, it becomes a domicile when it is accepted animo manendi. Roberts; Ecc. A. 75.
2. Residence is prima facie evidence of national character, but may be declared at any time. While it serves a special purpose and is transitory in nature, it does not destroy the national character. (3) In certain cases, the law requires the civil servant to have his residence in the district in which he is to perform his functions. Moving one`s residence to another location without intending to return would be contrary to this law. See cases cited under Domicil; Residence. „Residence,“ unlike „residence,“ is not an exclusive term, so a person can reside in more than one country at a time.[19] At the simplest level, residency involves a person living in a jurisdiction: eating, sleeping, and working in that place. A person may „reside“ in a place, even if they are not physically there from time to time.[20] The term „residence“ excludes tourists and occasional visitors to a place,[21] although the legality or compulsoriness of a person`s presence in a place should have no legal impact on his or her place of residence. Residency is a more flexible concept than residency, and permanency is not a prerequisite for residency. Temporary and temporary residence may also be considered a place of residence. In addition, a minor is not legally able to establish residence separately and separately from his parents[vii].
Home implies a person`s intention, while residence is something objective. A person may be domiciled in one place and domiciled in another.[iv] Residency is a person`s permanent residence. It is a legal relationship between a person and a place.
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