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zee_aziz
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Joined: Thu Aug 16, 2007 2:34 pm

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Post by zee_aziz » Mon Aug 20, 2007 11:16 am

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Last edited by zee_aziz on Fri Nov 26, 2010 2:15 pm, edited 1 time in total.

sakura
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Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Re: ORDINARILY RESIDENT!

Post by sakura » Mon Aug 20, 2007 11:22 am

zee_aziz wrote:HI IS THIS RIGHT THAT:
IF I SPENT 3 YEARS OR MORE IN UK BEING A INTERNATIONAL STUDENT'S DEPENDANT ... I WILL BE RECKONED AS ''ORDINARILY RESIDENT'???
Well, everyone is 'ordinarily resident' whilst they are in the UK - it just means that you make the UK your main country of residence.

If I lived in the US for a long time, I could also claim to be 'ordinarily resident'....doesn't really mean much, to be honest.

What do you want to do? Why do you ask? If it is to obtain 'Home' fees at university - forget it, there's no chance AT ALL of that happening until you have PR/ILR or equivalent. One look at the visa in your passport and it's obvious that you're an international student.

Christophe
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Joined: Tue Jul 04, 2006 5:54 pm

Re: ORDINARILY RESIDENT!

Post by Christophe » Mon Aug 20, 2007 11:39 am

zee_aziz wrote:HI IS THIS RIGHT THAT:
IF I SPENT 3 YEARS OR MORE IN UK BEING A INTERNATIONAL STUDENT'S DEPENDANT ... I WILL BE RECKONED AS ''ORDINARILY RESIDENT'???
"Ordinarily resident" is not, I think, exactly defined, but it it taken to mean that a person is ordinarily resident if he or she is normally residing in the United Kingdom (apart from temporary or occasional absences), and his or her residence in the United Kingdom has been adopted voluntarily and for settled purposes as part of the regular order of his or her life for the time being.

It is not impossible, however, to be "ordinarily resident" in more than one country, and mere presence in the United Kingdom does not necessarily mean that the person is "ordinarily resident"; equally, mere absence from the United Kingdom does not mean that the person is not "ordinarily resident".

The term is not really used so much in the immigration context; it is used more in the context of taxation and benefits, and I presume that your question might stem from taxation issues. Ordinary residence is discussed on this page of the HM Revenue and Customs website.

sakura
Diamond Member
Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Re: ORDINARILY RESIDENT!

Post by sakura » Mon Aug 20, 2007 11:56 am

Christophe wrote:
zee_aziz wrote:HI IS THIS RIGHT THAT:
IF I SPENT 3 YEARS OR MORE IN UK BEING A INTERNATIONAL STUDENT'S DEPENDANT ... I WILL BE RECKONED AS ''ORDINARILY RESIDENT'???
"Ordinarily resident" is not, I think, exactly defined, but it it taken to mean that a person is ordinarily resident if he or she is normally residing in the United Kingdom (apart from temporary or occasional absences), and his or her residence in the United Kingdom has been adopted voluntarily and for settled purposes as part of the regular order of his or her life for the time being.

It is not impossible, however, to be "ordinarily resident" in more than one country, and mere presence in the United Kingdom does not necessarily mean that the person is "ordinarily resident"; equally, mere absence from the United Kingdom does not mean that the person is not "ordinarily resident".

The term is not really used so much in the immigration context; it is used more in the context of taxation and benefits, and I presume that your question might stem from taxation issues. Ordinary residence is discussed on this page of the HM Revenue and Customs website.
Precisely what I meant, only you wrote it better! I think the OP is actually referring to fees purposes or for ILR, because his other post concerned studying.

But, interesting link on the tax issue....I have been looking for something related to that!

Christophe
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Joined: Tue Jul 04, 2006 5:54 pm

Re: ORDINARILY RESIDENT!

Post by Christophe » Mon Aug 20, 2007 12:18 pm

sakura wrote:Precisely what I meant, only you wrote it better! I think the OP is actually referring to fees purposes or for ILR, because his other post concerned studying.

But, interesting link on the tax issue....I have been looking for something related to that!
Oh yes, I wasn't meaning to disagree with anything you had said!

The pseudo-defintion on the Inland Revenue site comes, I think, from a House of Lords paper of a few years ago, but I haven't been able to nail down its source this morning.

sakura
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Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Re: ORDINARILY RESIDENT!

Post by sakura » Mon Aug 20, 2007 12:21 pm

Christophe wrote:
sakura wrote:Precisely what I meant, only you wrote it better! I think the OP is actually referring to fees purposes or for ILR, because his other post concerned studying.

But, interesting link on the tax issue....I have been looking for something related to that!
Oh yes, I wasn't meaning to disagree with anything you had said!

The pseudo-defintion on the Inland Revenue site comes, I think, from a House of Lords paper of a few years ago, but I haven't been able to nail down its source this morning.
Oh no I didn't mean to suggest you were disagreeing! I just meant that the OP didn't mention why he asked, but I assumed it was in relation to tuition fees based on his other post on this board.

And that your explanation was more in-depth and precise (almost word-for-word, similar to what they have written in the BN acts!) than what I had written.

davidm
Junior Member
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Joined: Mon Dec 13, 2004 5:09 pm

Re: ORDINARILY RESIDENT!

Post by davidm » Tue Aug 21, 2007 6:35 am

Christophe wrote: The term is not really used so much in the immigration context; it is used more in the context of taxation and benefits, and I presume that your question might stem from taxation issues. Ordinary residence is discussed on this page of the HM Revenue and Customs website.
In fact, it could mean different things for different authorities in the same country. For US immigration, I am not resident because I do not have a green card- I got told off recently for filling in country of residence as "US" on the customs form even though I live there- since I do not have a green card I can not be a US resident. But for US Tax authorities I am resident and hence have to pay taxes.

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