Uk residency ? Am i a resident???

Discussion in 'Living Overseas' started by old_bloke, Oct 22, 2010.

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  1. New forum so here goes.

    Born In Africa but with UK passport.

    Been away from the Uk for the last 17 years. Of that the first 13 was as a Squaddy, so no problem THEN.

    Now working as an ex-pat . Will not be returning to the UK ever I think, but want to know if but I am I a UK resident.

    I have read all the relevant gobbdy gook on the HM Customs site and the UK benifits sites which contradict each other in some areas.

    Made my UK will last year and even my lawyer ( country practice I must state ) was unsure of my "residency".

    Now I have a property in the UK , am registered as a postal voter and pay Tax on my pension and savings in the UK.

    However on my last trip home (no more than 25 days a year) I could not open a new bank account as I was not a resident after they carried out the relevant checks , and that was in a bank in which I already have 3 other accounts.

    Anybody know an expert on this matter ?


  2. You are not resident because you are, and have been, out of the country for for so long and (I assume) your UK property is not your primary residence. But you have UK citizenship.

    When I moved back to the UK over ten years ago after a couple of years of working overseas, the biggest problem was opening a bank account (computer says no). It was finally solved when they found I could open a business account for a company I was starting, so they opened another business account that I used (and still use) as a current account.
  3. Oyibo is right on this. The amount of time you have spent outside of the UK means that you have UK citizenship but would still have to pass and Habitual Residency Test should you want to get anything from the govt like for instance benefit. Weird.
  4. Command_doh

    Command_doh LE Book Reviewer

    As I understood it, pensions are always taxed at source. The fact you own a property here is irrelevant, if you are not living in it for the requisite period of time annum. I am assuming nobody rents it from you and its empty? I know for a fact that overseas resident, non - national former students are on the electoral roll, so that doesn't really count either. Seeing as you are in the UK far less than people who are declared as non - domiciled for tax reasons, and by your own statements, I cannot see how you would be considered a UK resident if it was challenged by Legacy HM R & C or a similar department.
  5. I'm no expert on pensions and tax, but a friend who is receiving his Army pension, and who is definitely non-resident has his pension taxed at source. So what you say would appear to be the case.
  6. Thanks , Ill just try to claw back some intrest then .(Form 105 from HM customs).