American buying and using a holiday home in the UK

[Ximon]

Have UK immigration officials provided any guidance to non-EEA buyers of residential property in the UK? I am considering buying a flat in London to use for extended periods as permitted under UK tourist visa rules for Americans. When not for personal use, I am considering renting it out. Is this permitted under a tourist visa or is another visa category required?

[vinny]

I believe that it's permitted. However, if you let out the property, then don't forget that you have to file a UK income tax return each year.

See also Non-resident landlord scheme.

[Casa]

Have UK immigration officials provided any guidance to non-EEA buyers of residential property in the UK? I am considering buying a flat in London to use for extended periods as permitted under UK tourist visa rules for Americans. When not for personal use, I am considering renting it out. Is this permitted under a tourist visa or is another visa category required?

Bear in mind that as a visitor, you are unable to spend more time in the UK in a rolling 12 month period than you are spending in your home country.
If you exceed this, you are at risk of being refused entry.

[Ximon]

Have UK immigration officials provided any guidance to non-EEA buyers of residential property in the UK? I am considering buying a flat in London to use for extended periods as permitted under UK tourist visa rules for Americans. When not for personal use, I am considering renting it out. Is this permitted under a tourist visa or is another visa category required?

Bear in mind that as a visitor, you are unable to spend more time in the UK in a rolling 12 month period than you are spending in your home country.
If you exceed this, you are at risk of being refused entry.

Thanks for the response. So, do you think this is the only restriction? If I purchase a holiday home in the UK, I would like it use it as much as possible so as much as would like to spend 6 months each year. I was told that there are no written rules as such but there are guidelines certainly. Also, would owning a holiday home be considered a positive or negative in the eyes of UK immigration officials?

Thanks again.

[Wanderer]

Have UK immigration officials provided any guidance to non-EEA buyers of residential property in the UK? I am considering buying a flat in London to use for extended periods as permitted under UK tourist visa rules for Americans. When not for personal use, I am considering renting it out. Is this permitted under a tourist visa or is another visa category required?

Bear in mind that as a visitor, you are unable to spend more time in the UK in a rolling 12 month period than you are spending in your home country.
If you exceed this, you are at risk of being refused entry.

Thanks for the response. So, do you think this is the only restriction? If I purchase a holiday home in the UK, I would like it use it as much as possible so as much as would like to spend 6 months each year. I was told that there are no written rules as such but there are guidelines certainly. Also, would owning a holiday home be considered a positive or negative in the eyes of UK immigration officials?

Thanks again.

Six months is too long, the visit visa is meant for short visits, the validity of the visa (or waiver) is 6 months, not the term.

What you propose would be seen as residing what with owning a property and long stays. As an American you are subject to the same visa terms as every other visitor, and that's the key term - 'visitor'.

[Ximon]

Thanks Casa. You sound very knowledgeable. May I ask what exactly is the difference between a validity period and a term? Is it not true that an American can visit the UK for up to 6 months and then leave for another 6 months? This was implied in your earlier post "as a visitor, you are unable to spend more time in the UK in a rolling 12 month period than you are spending in your home country."

Thanks again. Perhaps these rules are not formal but informal in order to give immigration officials some discretion?

[Casa]

From the Immigration Rules:
(b) will not live in the UK for extended periods through frequent or successive visits, or make the UK their main home;
AND
Tourism and leisure
3 A visitor may visit friends and family and / or come to the UK for a holiday.

https://www.gov.uk/guidance/immigration ... itor-rules

The IO at UK Border Control can use discretion, but this may mean that you rely on it going in your favour on each entry.

Note the following from a previous response from a Home Office 'What Do They Know' request:
"Please be advised that Border Force staff based at ports of entry, decide whether to grant entry to a person arriving into the United Kingdom
through the immigration control at the time of arrival, on a case by case basis. "

[Ximon]

Thanks again Casa. I am still finding some contradictory information in these responses but perhaps the best takeaway is that UK border control uses quite a bit of discretion in determining if someone is a "de facto" resident. Not the kind of feedback that encourages foreigners to purchase UK homes but maybe that's also part of it as escalating housing prices are becoming a concern to many in the UK.

[Wanderer]

The key the IO's use is 'genuine visitor' - and living here for 6 months isn't a genuine visit.

[Ximon]

So, a "genuine visitor" from the US can stay in the UK up to six months as a tourist but if it's done too often it's considered suspect? Not sure then why they let you do it even once. Also wonder why they let foreigners purchase holiday homes without restrictions but i guess that's a somewhat different matter.

[The Station Agent]

UK border staff generally allow visitors up to 6 months - that's the absolute maximum. It's very rare someone would need that long or stay that long. It's not illegal to stay for the full 6 months but it certainly would look a bit suspicious if you did (also most people would need to work, hence immigration would be very cautious about whether you were working here). No work is allowed, of course. So if you used the apartment for less than 6 months each year and you can always prove you're not working here, and have sufficient funds to cover your expenses without recourse to work or taking public funds, then you should be admissable.

Much like UK nationals buying a place in Florida, owning a property does not give you the right to live there as you please. You have to always meet the rules; and for visitors those run up to a max of 180 days.

[Ximon]

Station Agent, if what you are saying is true, that's some of the best news I have received in a while! Others on thi and other forums are less optimistic however. Do you think UK border staff has faced this situation in the past? Seems reasonable that more than a handful of Americans own a flat in London either for investment or for visiting. 6 months per year may be more than many people want or need but it's good to have some cushion. Thanks for the feedback.

[The Station Agent]

There will be plenty of non-residents who own property here. As long as they don't spend over 180 days here in any 365-day period (not just calendar year) they have not broken any rules (presuming they're not working here or claiming benefits). You must be able to prove you are not going to need to work here (you have considerable funds available without needing to do any work here) and prove you still have your main home overseas you should be admissible. Try not to stay the full 6 months though, especially in one big chunk. Departing the UK/Ireland for even a few days breaks your stay and you would be re-assessed on re-entry.

If it ever looks like the UK is your main home, or your place of work, you will be in trouble.

[Ximon]

Station Agent, thanks again. I have been advised by others to always carry with me proof of financial condition, US residence, US employment, and health insurance.

[Wanderer]

Station Agent, thanks again. I have been advised by others to always carry with me proof of financial condition, US residence, US employment, and health insurance.

Also consider Council Tax, utility bills etc that would in your name, if the I/O decides to search you and finds those in your possession that would point to residency and set his bells off....

[Ximon]

Station Agent, so evidence of owning a UK home is not a good fact for the I/O regardless if I follow all your suggestions?

[The Station Agent]

Well, don't lie (obviously). You can say you have a home you use occasionally but don't use it as your main residence.