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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Immigration Law
Satisfied Customers: 4312
Experience:  English Solicitor and UK Immigration Law Expert
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I am a UK citizen born in Damascus, Syria in 1987. My mother

Customer Question

I am a UK citizen born in Damascus, Syria in 1987. My mother was naturalized. I have never lived in the UK. I don't own any property in the UK. I live in Dubai at the moment. I have a dual citizenship. I am single with no children.

I heard that my children (when they are born) will not become UK citizens unless they are born there. I called the UK border agency and they said that if i have lived in the UK for 3 years, then I am entitled to register my children. How many years are required to live in the uk to become a first generation citizen rather than 2nd generation (by descent)?

I asked what the term "live" meant. UKBA told me that I should have proof of living there (Council tax and utilities).

Therefore, I decided to rent a house in the UK, visit every few months and pay council tax and other bills. I cannot open a bank account unless I have a proof of address.
Does this suffice? What are my tax obligations in this case? I will have no income in the UK, is the money i use to pay my bills taxed once it arrives in my bank account?


I also thought of establishing my freelance photography business there. I would use the UK as my base and travel a lot. However, business is very on and off and I might receive my earnings outside the UK. Do I have to pay tax on any outside earnings? What do I have to pay if I don't receive any income from this photography business?
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  TaxVince replied 4 years ago.
Hi there

Here are my responses:

How many years are required to live in the uk to become a first generation citizen rather than 2nd generation (by descent)? British citizenship by birth in the United Kingdom is obtainable if a child is born in the UK to a parent who is a British citizen or 'settled' in the UK is automatically a British citizen by birth. You can clarify the "settlement" element in terms of period with Border Agency but as far as i know this is the law.

I asked what the term "live" meant. UKBA told me that I should have proof of living there (Council tax and utilities). Usually proof of settling in a place include such things as bills, council tax , utilities etc.

What are my tax obligations in this case? I will have no income in the UK, is the money i use to pay my bills taxed once it arrives in my bank account? You are only required to pay UK tax if you are treated as UK TAX Resident. This happens if you meet certain criteria which includes spending majority of your time in UK (like more than 182 days a year in UK; permanent established in UK etc. See details on http://www.hmrc.gov.uk/cnr/hmrc6.pdf. Even if you are treated as UK tax resident no one will take your money in the bank...

I also thought of establishing my freelance photography business there. I would use the UK as my base and travel a lot. However, business is very on and off and I might receive my earnings outside the UK. Do I have to pay tax on any outside earnings? What do I have to pay if I don't receive any income from this photography business?
If your business' main operational base is going to be UK, you will be taxed on all your business earnings in UK. If you dont have income, ofcourse you wont pay any tax. You may also be required to charge VAT if your annual turnover is above £77k.

Let me know if there is anything i can clarify. Thanks
Customer: replied 4 years ago.
Your answer is the starting point of what I am looking for. It seems your response was more of a paraphrase of what I had asked and spent my time online looking for. When I came to this website I selected a detailed response. In any case, I will ask my questions again. Please be specific and answer the questions with more detail and depth. If you have additional information, do mention it:


I am a UK citizen born in Damascus, Syria in 1987. My mother was naturalized. I have never lived in the UK. I don't own any property in the UK. I live in Dubai at the moment. I have a dual citizenship. I am single with no children.

I heard that my children (when they are born) will not become UK citizens unless they are born there. I called the UK border agency and they said that if i have lived in the UK for 3 years, then I am entitled to register my children.


What are the conditions for me to be settled in the uk?

What are the required procedures that I must go through?

What is the time period required?

Can I keep going back and forth to the UK while doing my photography and be considered "settled" or do I have to stay there for the time period?



Therefore, I decided to rent a house in the UK, visit every few months and pay council tax and other bills.


Is this sufficient to be considered settled in the UK?



What are my tax obligations in this case? I will have no income in the UK.Is the money i use to pay my bills taxed once it arrives in my bank account?


Am I going to be asked about where my money is coming from if the monthly spending on bills and rent is 750 pounds per month?





I also thought of establishing my freelance photography business there. I would use the UK as my base and travel a lot. However, business is very on and off and I might receive my earnings outside the UK. Do I have to pay tax on any outside earnings? What do I have to pay if I don't receive any income from this photography business?


Do I have to pay tax on any outside earnings?

Do I have to declare any outside earnings?

What do I have to pay if I don't receive any income from this photography business? Are there any monthly/yearly taxes associated for businesses that aren't doing so well?






Expert:  TaxVince replied 4 years ago.
Sorry im travelling now and wont be responding in many details. I will opt out.
Customer: replied 4 years ago.
Relist: Answer quality.
I asked for a detailed answer and received this: Sorry im travelling now and wont be responding in many details. I will opt out.

The person i was looking at on the website was very qualified in UK immigration and family law. this "expert" was a recent financial graduate with an 87% rating.

His initial answers were a regurgitation of what i had written and were not in depth or detail. Please have a highly qualified expert answer my questions as that is what i thought i was paying for.

thank you.
Expert:  UKSolicitorJA replied 4 years ago.
Hello,

I am happy to deal with your UK immigration law issues.

Can you please summarise your queries and I will try and deal with them. Please ask immigration queries separately from tax queries.

Thank you

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