Legal definition of UK Resident? - Lute

There was a related thread on this back in 2002 www.honestjohn.co.uk/forum/post/index.htm?t=4279, but none of the questions or answers quite covered my (and my husband's) situation.

We are New Zealanders with dual citizenship by descent - he has Irish citizenship (though his first visit to Ireland will be later this year); I have UK citizenship. We are also both New Zealand citizens (born and raised.)

We are based in the UK for 18 months, but doing a fair bit of travel. We have an address here, and a bank account, and our children are in school here, but we wouldn't consider ourselves resident, because we're going home again (flights are booked!).

We arrived in the UK in early April last year, intending to stay 18 months. We moved into our rental in late April, and have been to other countries in May (5 days), June (6 days), August (3 weeks), October (1 week), December (3 days), and February (4 days). We will be away again in April (2 weeks), May (3 days), and June (9 days). And probably a long weeked in July. We'll also be away from our rental in August, but in Scotland, so not technically out of the UK.

We've been driving on our New Zealand driving licences, but it will soon be 12 months since we left New Zealand, so if we are resident, we'd need to send them in and have them replaced with UK ones (which would be a pain, as we'd then have to do the same thing again when we get home in October).

So, my question is, are we resident? And if so, when did we become resident?

I'd really like to find a legal definition, but haven't seen one anywhere.

Any pointers?

Legal definition of UK Resident? - Saint-Evens

The residency legislation can be found here http://www.legislation.gov.uk/uksi/2006/1003/contents/made

and the related driving licence legislation is here: http://www.legislation.gov.uk/uksi/1999/2864/regulation/80/made

But keep in mind that residency and citizenship are two different things and that residency for tax purposes can be different from normal residency however you are normally considered as being resident if you have spent 183 or more out of 365 days in the UK. My understanding is that you would then need to leave for at least two years to no longer be considered resident. DVLA says that although you can only drive for 1 year you have up to 5 years after becoming resident to exchange a licence.

So I think that, yes, you are resident and you became resident when you arrived in the UK in April but it's only my guess. My sister recently swapped her foreign licence for a UK licence and she said it was easy and quick.

Legal definition of UK Resident? - Dwight Van Driver

If I recall correctly (not researched) you can swap a NZ Licence for a UK Licence.and saw any hassle.

After the 12 months is up, you need to exchange your New Zealand licence for a UK licence. To do this, you need to get a D1 application form from a Post Office branch in the UK, which you then need to send into the Driving and Vehicle Licensing Agency in Swansea. The New Zealand licence will be returned to the issuing authority.

UK driving licences are valid for a maximum of 10 years, although your actual driving entitlement will normally be valid until your 70th birthday.

For further information contact:

Driver and Vehicle Licensing Agency (DVLA)
Longview Road
Morriston
Swansea SA6 7JL
WALES

0044 1792 782 341 (General)
0044 8702 400 009 (Driver)
0044 8702 400 010 (Vehicle)

Then if you return to NZ do another swap.

dvd

Legal definition of UK Resident? - Bromptonaut

The residency legislation can be found here http://www.legislation.gov.uk/uksi/2006/1003/contents/made

Those rules relate to rights of EEA migrants and I don't think they're relevant to residency as being discussed here.

Legal definition of UK Resident? - Singvogel

The answer is very simple - don't stay 12 months in the UK - even a short trip of more than 24hrs to France or Rep of Ireland or any other country is enough. Then a new 12 months starts. Going 'home' is not the point - it's going out of the UK that matters.

By my reckoning you've not been in the UK for more than a few months.

My wife is also dual Nationality - we were married 20 years ago - and neither of us has spent 12 consequtive months in the UK.

All this exchange licence stuff is designed for people who are / have become permanently resident. We spend some months in the UK and some months outside the UK and even outside the EU.

Legal definition of UK Resident? - Peter D

Leaving the country for a short time does not make you non resident and nor does it make you resident in the country you are visiting.

OP do you or your husband work in the UK at the moment and are you UK tax liable.

Regards Peter

Legal definition of UK Resident? - BowerManning

If you are married to a British Citizen, you must have been living legally in the UK for 3 years continously and must have been physically present in the UK on the date three years before you apply for Naturalisation. You must not have been absent for more than 270 days in total and not more than 90 days in the year immediately before you apply. You must show that you are settled at the time you apply.

Legal definition of UK Resident? - FP

Strange post.

I don't think anyone is discussing Naturalisation.

Legal definition of UK Resident? - Bromptonaut

If it looks as if the OP and her husband would probably be treated as 'resident' and need to exchange their licence then I'd suggest it's better to bite the bullet.

My suggestion would be, given facts as set out, they become resident upon arrival in UK. I'm sure a lawyer could provide an opinion but as I've just been quoted £200/hr for some advice re inter family loans to break a housing chain it'd cost more than it's worth. And if you're stopped there's still the hassle factor.

Legal definition of UK Resident? - Brit_in_Germany

As it was in 2012, they have probably long left the country.