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  1. #1
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    I think you're right with the taxation rules connection, and no doubt same criteria applied by the UKBA.
    So many days/months a year in residence isn't it ?

    It's possible the actual employment situation wasn't made clear on the visa application form. I doubt they (ECOs) will bother to check.

    Surely P60 evidence or pay slips should be sufficient ?

    An interesting case....though terrible for this couple.


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    Quote Originally Posted by grahamw48 View Post
    Surely P60 evidence or pay slips should be sufficient ?
    Of course I don't know all of Yangwha's details but in my case I was on the UK payroll, despite being deemed out of the country sufficiently long enough to get a tax rebate. So in my case payslips and a P60 wouldn't really give any detail of my whereabouts. Passport stamps did, however and these were used to help prove my absence from the UK. ( I had to go out of my way to make sure I got my passport stamped every time I arrived in another country. )


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    Quote Originally Posted by grahamw48 View Post
    So many days/months a year in residence isn't it ?
    Well, it was a good number of years ago now, maybe 1998 or thereabouts....I cant remember, but at the time there were three categories. Now there are only 2 for tax purposes. I would need to google it now. Off the top of my head one would need to restrict ones time in the UK to something less than 60 days a year to qualify for 100% tax relief. If you are an oil rig worker over seas on 28 and 28 then you are away for 6 months of the year anyway. Then it only needs a 3 or 4 trips where you dont go back to the UK and you would then qualify for 100% tax relief. I will google it.

    See later. It has indeed changed......


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    "In what circumstances would I become non-resident?

    A3. Normally if you leave the UK to work abroad full-time, you will become not resident and not ordinarily resident in the UK if:

    - your absence and employment from the UK covers a complete tax year (that is 6 April to 5 April)


    - you spend less than 183 days in the UK during the tax year


    - your visits to the UK do not average 91 days or more a tax year over a maximum of four years
    From 6 April 2008, days when you are in the UK at the end of the day, that is midnight, are normally counted as days spent in the UK".



    http://www.hmrc.gov.uk/incometax/tax-leave-uk.htm#1

    http://www.hmrc.gov.uk/cnr/hmrc6.pdf

    http://www.hmrc.gov.uk/international/special-jobs.htm#4

    http://www.direct.gov.uk/en/MoneyTax...UK/DG_10026136


    Like normal government stuff, not easy to read but its this kind of thing that might be at play here, bearing in mind these links are for tax purposes.....


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