# Residency



## John healy (Jul 1, 2015)

Hi all, we are applying for the 5 year residency do we need to cancel our British residency as we still have a house,bank accounts etc in the UK?


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## Maggy Crawford (Sep 18, 2010)

I cannot understand this. If you are British you have the right to move and live anywhere in the UK. We simply got our permanent residents card which is valid for 10 years after we had been here for 5 years. Nothing else. We still have bank accounts in UK.


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## Strontium (Sep 16, 2015)

John healy said:


> Hi all, we are applying for the 5 year residency do we need to cancel our British residency as we still have a house,bank accounts etc in the UK?



If british you have, presently anyway, the right to abide in other EU countries. You would commonly be only resident in one country so if you become resident in Portugal you will then not be resident in the UK, there are sub-sections of this but it then comes down to circumstances. Owning a house and bank account in the UK does not make you a resident there. Assuming you are a Brit then then there is not a form for you to fill in to cancel your UK residency but, as above, there are circumstances where you will no longer be classed a ordinary resident in the UK. try this from the UK Gov.





_*Ordinary residence - leaving the United Kingdom

When considering whether a person leaving the United Kingdom has ceased to be ordinarily resident here, the decision is whether they have, for the time being, ceased to live here as part of the regular order of their life. All the relevant factors should be considered in order to build up an overall picture of the person’s position.

Examples of factors, which may be relevant, are given below. These factors may help to indicate whether a person is ordinarily resident or not. Normally, no one factor on its own will determine that a person is, or is not, ordinarily resident. A decision will need to be made according to all the circumstances of the particular case.

Examples of relevant factors:

Will the person be returning to the United Kingdom? If so, this may indicate that ordinary residence continues during the period(s) abroad (the sooner, more frequent or longer the return visits, the stronger that indication). If the person does not intend to return, this indicates that they have ceased to be ordinarily resident.
What will the purpose of any return visits be? Visits to see family who have remained at the person’s home in the United Kingdom or holidays spent at such a retained home in the United Kingdom 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.
Will the person’s family (spouse or partner and any children) be going abroad as well? If so, this may indicate that the person (and his or her family) is no longer ordinarily resident, particularly if they do not maintain a home in the United Kingdom. If the person’s family remains in the United Kingdom, however, this may indicate that the person continues to be ordinarily resident here.
Will the person retain a home in the United Kingdom during their period abroad? If so, this may indicate continuing ordinary residence during the period of absence. If not, the person is less likely to remain ordinarily resident.
If the person retains a home in the United Kingdom, will it be available for their use when they return? If so, this is an indication that ordinary residence may continue. If not - for example, because it is let on a long lease - then it is less likely that the person will remain ordinarily resident.
Will the person be returning to the United Kingdom at the end of the period abroad? If so, this may indicate that ordinary residence continues. If not, this may indicate that the person ceases to be ordinarily resident, particularly if they do not retain a home in the United Kingdom during their absence.
How long has the person lived in the United Kingdom? The longer the period, the stronger the indication that the person is ordinarily resident.
*_


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## advolex (Mar 8, 2015)

*Residency (domicile) / Domicile (law)*

I'm not saying they are the same everywhere, but rather that they touch upon each other in most places. The thread is labelled "Residency", which, by itself, might imply living in a shorter term dwelling. This might not always be intended, in which cases I would clarify by adding "permanent". Maybe you find the Wikipedia article Domicile (law) - not describing the laws of the UK or any other jurisdiction in particular - to be of interest when it comes to understanding the importance of "links" to "the old country" in many legislations:

"In law, domicile is the status or attribution of being a permanent resident in a particular jurisdiction. A person can remain domiciled in a jurisdiction even after they have left it, if they have maintained sufficient links with that jurisdiction or have not displayed an intention to leave permanently (i.e., if that person has moved to a different state, but has not yet formed an intention to remain there indefinitely)."

Obviously, the links are called "factors" in the text from HM Government, and are important criteria in the establishment of a tax payer's domicile. If you're keen on not having to pay tax in more than one state (who isn't?), you should check with a UK tax consultant which factors apply in your case. In order to reduce or better to eliminate the factors which might lead to double taxation.


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