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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
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Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Situation; * Australian * Work in Egypt on a 28 day on, 28

Resolved Question:

Situation;
* Australian
* Work in Egypt on a 28 day on, 28 day off rotation.
* Wish to stay in UK for 3 of those R&R's (3 months). My girlfriend has a UK passport, and will have a house in the UK. It will be our base/home/abode. The other 3 will be travelling Europe.

Will I have to pay tax on my foreign income in the UK if I am on a visitor Visa? I also seem to qualify for the automatic non-resident under the SRT (third test).

Will UK immigration eventually stop me, as my pattern could suggest living in the UK?

Is there any way to stay legally in the UK, if I am able to support myself with income abroad?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Howard replied 1 year ago.
Being in the UK on a visitor visa should not create a situation where tax is due on foreign income although this is really a question for an accountant.

If you keep entering the UK as a visitor then eventually you will be questioned on entry and entry could be refused. You will appreciate that your right to enter as a visitor is on the basis that you do not intend to live in the UK for extended periods through frequent or successive visits. This means that you might expect to be refused entry eventually. Much depends on the frequency and duration of visits and there is nothing in writing to specify allowed frequencies and periods.

The right to legally live in the UK for extended periods would usually be granted based on either work (employment by a UK employer or for business purposes - investment, etc) or on the basis of relationship (if not married or intending to marry then only on the basis of a relationship akin to marriage, meaning having lived together for at least 2 years).

Other than the above there is no way to do what you are looking to do.
Customer: replied 1 year ago.

I have decided against trying to set up a permanent abode in the UK on a visitor visa.


 


I am curious on my first question though, I'd like to know if this situation can ever arise. Without any restrictions on the frequency of visitor visas, one could be in UK for say 11 out of the 12 months on a visitor visa, and I would assume thus be liable for tax on worldwide income; he would satisfy the tax resident status.


 


Can you be tax resident without actually being allowed to be legally residing in the UK?

Expert:  Howard replied 1 year ago.
I am not sure that it is worth you trying to get an answer on this question - it is something you have said you are not going to try and do anyway and it is also a breach of visa conditions, combined with the fact that you ask the question on the basis of there being no restrictions on the frequency of visitor visas when the visitor visa clearly states it is not intended to allow frequent visits - you would not be here legally if you stayed in the UK for 11 out of 12 months with visitor visa status.

You will appreciate that an immigration lawyer is not the person to present a tax question to, but I would suggest that you would find it difficult to register for everything needed to be considered resident for tax purposes if you had no legal status to be residing in the UK.

Please remember to rate the service that I have provided as I have answered your initial questions as fully as it is possible to answer them.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
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