The Prosperous UK Emigrant: how clear are the residence/non-residence rules now? – New Square Chambers

Posted February 15th, 2012 in domicile, immigration, news by sally

“In advising the emigrant, the emphasis should be on his actual and substantive acts and way of
life. Too often, the issues addressed, in considering the conditions or circumstances required for residence in the United Kingdom, or the loss of it, and non residence, are tied to patent technicalities (i.e. whether the emigrant maintains subscription to a club or counts the days of absence to a threshold number(i.e. 90 days p.a.). What, in fact, really matters is the substance and pattern of life. In this assessment, the approach of the Court, in cases past to the most recent is the best guide. In this lecture I look at that and tie it to the government’s proposals for reform and the imposition of a statutory test or tests for determining residence, by individuals, or their non-residence in the United Kingdom.”

Full story (PDF)

New Square Chambers, February 2012