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Residence

Updated on 6 April 2023

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

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 guidance on GOV.UK.

There is more information about how to decide your residence status at 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 GOV.UK. 

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 Some days are disregarded in certain circumstances. See What if I only visit the UK? for 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.

⚠️ 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.

Tax guides

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Am I employed, self-employed, both or neither? Working through a limited company What is the national minimum wage? How do I work out my tax? What income is taxable? What tax allowances am I entitled to? What tax rates apply to me? How is my tax collected? How is tax collected on taxable state benefits? How do I check my coding notice? Do I need to complete a tax return? What tax do I pay on redundancy payments?Employment benefits and expenses What are benefits-in-kind? What payments and benefits are non taxable? What if I incur expenses in relation to my job? What travel expenses can I claim? What if I use my own car for business purposes? Payroll giving Allowances and expenses paid to armed forces personnel and deductions from their income Pensions and employees What is automatic enrolment for employees? What National Insurance do I pay as an employee? How do I repay my student loan? What if I do not pay enough tax? What if I pay too much tax? What if I work abroad temporarily? What if I am in the armed forces and work overseas? First time workers Apprenticeships

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