Ordinary Residence In The United Kingdom (Info)

Ordinary residence is not defined in the legislation. But its established meaning is that the claimant is

• Ordinarily residing in the United Kingdom ( UK) (apart from temporary or occasional absences)

And

• Their residence here has been adopted voluntarily for settled purposes as part of the regular order of their life for the time being

To decide whether the claimant has their settled home in the UK, you must consider all the relevant facts. Refer to People coming to the UK and People leaving the UK below.

A claimant can be ordinarily resident in more than one country. If a claimant stated they have a home in another country this does not mean they cannot be ordinarily resident in the UK.

A claimant who lives in the UK year after year should be treated as being ordinarily resident here.

Note: A claimant who is in the UK as a result of their deportation, expulsion or other removal by compulsion of law from another country should automatically be treated as ordinarily residing in the UK

The requirement to be ordinarily resident in the UK does not apply to Crown Servants or their partners posted overseas.

People coming to the UK

You must consider whether a claimant coming to the UK is ordinarily resident here, you need to decide whether they have come to live here as part of the regular order of their life for the time being.

Examples of the factors that may be relevant to this decision are given below. Normally no one factor on its own will determine if a claimant is ordinarily resident, you must make your decision according to all the circumstances of the particular case

• If the claimant has come to the UK for recreational or temporary purposes, such as a holiday, this is likely to show they are not ordinarily resident

• The claimant intending to leave the UK, other than for temporary absences of limited duration, in the next two or three years may indicate that they are not here for a settled purpose and not ordinarily resident

• If the visit to the UK forms part of a regular and significant pattern or such a pattern is likely to emerge, this may indicate that the claimant is ordinarily resident. The more frequent and longer the visits, the more likely the claimant is to be ordinarily resident

• The claimant’s family coming to live in the UK may indicate that they have a settled intention to remain in the UK and are therefore ordinarily resident

• The claimant having a settled home in the UK such as bought or leased accommodation may indicate that the claimant is ordinarily resident. If not, this does not mean that the claimant is not ordinarily resident as there may be other reasons for this such as lack of means

• The longer the claimant has lived in the UK the stronger the indication that they are ordinarily resident. If a claimant has already lived here for three years or more, it should normally be accepted that they are ordinarily resident. If they have lived here less than that it does not mean they are not ordinarily resident, a person can become ordinarily resident from the first day they arrive in the UK

People leaving the UK

In some circumstances a claimant will no longer be classed as being ordinarily resident in the UK, you must consider whether a claimant leaving the UK has ceased to be ordinarily resident. You need to decide whether they have for the time being, ceased to live here as part of the regular order of their life.

Examples of the factors, which may be relevant to this decision, are given below. Normally no one factor on its own will determine if a claimant is ordinarily resident, you must make your decision according to all the circumstances of the particular case

• The claimant returning to the UK may indicate that ordinary residence continues during periods abroad, the sooner, more frequent or longer the return visits, the stronger the indication. The claimant not intending to return, indicates they have ceased to be ordinarily resident

• The claimant returning to visit family who have remained at the claimant’s home in the UK or holidays spent at such a retained home in the UK may indicate continued ordinary residence. Visits connected to the absence abroad, (for example, being sent to the UK for training by an overseas employer) are less likely to indicate ordinary residence

• The claimant’s family going abroad as well may indicate that the claimant and their family are no longer ordinarily resident, particularly if they do not maintain a home in the UK. The claimant’s family remaining in the UK could indicate that the claimant is ordinarily resident in the UK

• The claimant retaining a home in the UK during their period of absence may indicate continuing ordinary residence during the period of absence. If not, the claimant is less likely to remain ordinarily resident

• The claimant retaining a home in the UK that is available for their use when they return indicates that ordinary residence may continue, if not available for their use. For example it is let on a long lease, then it is less likely that the claimant will remain ordinarily resident

• The claimant returning to the UK at the end of the period abroad indicates that ordinary residence continues. The claimant not returning may indicate that the claimant ceases to be ordinarily resident, particularly it they do not retain a home in the UK during their absence

• The longer the claimant has lived in the UK the stronger the indication that they will be ordinarily resident

Note: If a claimant’s circumstances change during the year meaning they are no longer ordinarily resident and present in the UK, this does not mean that the original decision was incorrect. For example

Claimant A is awarded tax credits and at the time they applied they intended to remain in the UK. 6 months later, they permanently leave the UK so their entitlement to tax credits ends. As long as the facts meant they were considered to be ordinarily resident at the time the original decision was made, the claimant is still entitled to tax credits for the 6 months they have already been paid