Residence

Updated on 14 October 2020

Students

Just because you leave the UK, this does not mean that you ‘fall out’ of the UK tax system. It will all depend on whether you cease to be classed as a UK tax ‘resident’ or not. You should note that here we are considering where you are resident for tax purposes – this may not be the same as for immigration purposes or where you consider you are resident under the ordinary, natural meaning of the word.

Illustration of a student with a graduation hat and Union Jack flag
(c) Shutterstock / Ekaterina Kornyukhina

⚠️ Please note this page is currently under construction and the related links will appear shortly.

How do I know if I am resident in the UK for tax purposes?

There is a big difference in tax treatment for residents and non-residents, so it is important to be clear about which category you fit into. You can read more about the differences in HM Revenue & Customs’ (HMRC) RDR1 booklet on GOV.UK.

There is more information about how to decide your residence status on the page: When is someone resident in the UK?. Although this is in the context of people arriving in the UK as opposed to leaving, it does include basic information on the Statutory Residency Test (SRT) for tax. There is also an HMRC guide to the SRT on the GOV.UK website. 

The tests under the SRT are objective and depend on your specific circumstances. If you are leaving the UK, things start off relatively straightforwardly under the SRT in that:

  • if you spend fewer than 16 days in the UK in a tax year you are definitely non-resident

or

  • if you spend 183 days or more in the UK in a tax year you are definitely resident.

If you come somewhere in the middle of 16 to 183 days (and don’t have a UK ‘home’ for all or part of the year) then you may have to consider days spent in the UK together with your wider circumstances, particularly relating to where you have a home and, if you work, where you work. You may also need to consider things like whether you have UK-resident family (that is, a partner or child) or available accommodation in the UK. As a result, things can become much more complex. 

⚠️ Note: if you have spent time in the UK between 1 March 2020 and 1 June 2020 working on coronavirus (COVID-19) related activities, this presence may not count towards making you resident in the UK under the Statutory Residence Test. We await further details.

Suffice to say, if you were born in the UK, have always lived in the UK and your parents and family home remain in the UK, you are likely to have ‘sufficient ties’ with the UK (this is a technical term under the SRT) to be considered tax resident here during a temporary absence, even if your days of physical presence in the UK are towards the lower end of the 16 to 183-day range.

⚠️ Please note: there are other tests that can help determine your tax residence status, for example, full-time working abroad, but these are unlikely to be applicable to students.

Under the SRT, an individual is usually either UK resident or non-UK resident for a full tax year. While there are rules that allow you to ‘split’ the tax year when you are leaving the UK (into a resident part and a non-resident part) the opportunities to do so on leaving the UK are limited to where the individual or their partner are starting full-time work overseas, or where they are ceasing to have a home in the UK.

Where can I get more help?

Our examples consider the SRT rules in a bit more detail and in the context of several typical ‘students leaving the UK’ scenarios.

If you were born outside the UK and/or the UK is not your permanent home country status if you leave the UK for a temporary absence could be quite complex and you may need to take for your specific circumstances.

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