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EUsmileWEallsmile wrote:It might do and in particular their ability to claim permanent residence. Will they travel with you? Generally, you can be absent for up to six months per year without affecting their residency or one absence of twelve for important reasons such as work.

How long have you been back in the UK?

greatscott wrote:no I would go alone and return for 2 weeks every 2 months BUT won't risk it if there is any doubt.
uk = 1.5 years.

EUsmileWEallsmile wrote:It might do and in particular their ability to claim permanent residence. Will they travel with you? Generally, you can be absent for up to six months per year without affecting their residency or one absence of twelve for important reasons such as work.

How long have you been back in the UK?

wiggsy wrote:

greatscott wrote:no I would go alone and return for 2 weeks every 2 months BUT won't risk it if there is any doubt.
uk = 1.5 years.

EUsmileWEallsmile wrote:It might do and in particular their ability to claim permanent residence. Will they travel with you? Generally, you can be absent for up to six months per year without affecting their residency or one absence of twelve for important reasons such as work.

How long have you been back in the UK?

You would be keeping a family home in the UK? your main home would be here, with regular returns... I would say that you would still be considered habitually resident. It might be wise to remain UK Tax liable (if thats possible)?

Deciding on Habitual Residence

It is vital to look at each case on its merits because it is the overall picture that is important. Example:

A person who buys a house in another country with the intention of staying there indefinitely, and whose family goes to live with him/her, would probably be classed as habitually resident in that country.






If a client has a home abroad, consideration must be given to whether or not it is a secondary home and to where the main home is.

Consideration should be given to how often the person returns to the UK and the reasons for those returns. The more often a person comes back to the UK the more likely it is that there centre of interest is here and that habitual residence has continued.

1 Langford v Athanassoglou (1948) 2 All ER 722

Although a person's original intention is important, any unforeseen change of circumstances can be taken into account. If a person states an intention to live and work abroad permanently this should normally be accepted. A person states an intention to go abroad on a temporary basis, but then decides to stay away, is also likely to stop being habitually resident in the UK, but the change may be from a later date.

1 Cruse v Chittam (1974) 2 All ER 940; Beck v Scholz(1953) 1 All ER 814;

R v Glossop (1866) LR 1 QB 227

Only a limited account should be taken of the type of home a person lives in. A person may be habitually resident in the UK whether they are living in a house, tent, vehicle or some other sort of home. Similarly, a person may not be habitually resident outside the UK even though he/she lives in owner-occupied property in a foreign country. In such a case, there is no legal right to live in that accommodation.

St Dionis Backchurch v St Leonard Shoreditch (186) LR 1 QB 21;

Hipperson v Electoral Officer (1985) LR All ER 456

Temporary absences should be ignored when considering habitual residence if the person concerned intends to return. Occasional presence should not be regarded as habitual.

1 R v SS Commissioner ex parte Akbar (1981);

Fox v Stirk (1970) 3 All ER 7;

2 Beck v Schotz (1953) 1 All ER 814

To decide whether an absence is temporary, the following should be looked at:

the length of the absence

if and when the absence is likely to end

the purpose of the absence

the intention to return

An absence of more than 12 months should not normally be accepted as temporary unless:

there are special circumstances such as accident which delays the person's return and

there is a reasonable prospect of the absence ending

An absence is not necessarily temporary because it has not lasted 12 months. It may be decided from the start, that an absence is not temporary if the person intends to be away indefinitely or for a set period which is longer than 12 months.

The person's reason for going abroad should help decide whether the absence is temporary. For example, someone going on holiday to visit relatives, or for a course of treatment is likely to be temporarily absent, but someone going to live with relatives abroad is not.