Statutory Residence Test - HM Revenue & Customs
Statutory Residence Test - HM Revenue & Customs
Statutory Residence Test - HM Revenue & Customs
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Days spent in the UK<br />
<br />
would have worked for more than three hours in the UK, but you do not<br />
do so because you are on annual leave, sick leave or parenting leave.<br />
If you have a significant break from UK work you will not qualify for full-time<br />
work in the UK.<br />
3.20 You will have a significant break from overseas work if at least 31 days<br />
go by and not one of those days is a day on which you:<br />
<br />
<br />
work for more than three hours overseas, or<br />
would have worked for more than three hours overseas but you do not<br />
do so because you are on annual leave, sick leave or parenting leave.<br />
If you have a significant break from overseas work you will not qualify for fulltime<br />
work overseas.<br />
Location of work<br />
3.21 In most cases work is considered to be done at the location where it is<br />
actually done rather than where an employment is held or a trade, profession<br />
or vocation is carried on.<br />
Example 23<br />
Robert is an employee of a French clothing manufacturer and he is based in<br />
Paris. He spends two days each month working in Glasgow to meet company<br />
clients. For those two days Robert is working in the UK, regardless of where<br />
he is usually based.<br />
3.22 Any work you do during your journey to or from the UK counts as<br />
overseas work whether you travel by air, sea or through a tunnel under the<br />
sea. If you are crossing the land border between Northern Ireland and the<br />
Republic of Ireland, work you do in Northern Ireland is work done in the UK,<br />
work done in the Republic of Ireland is work done overseas.<br />
3.23 For journeys to the UK, the overseas work period ends when you<br />
disembark from that aircraft, ship or train in the UK.<br />
3.24 For journeys from the UK, the overseas work period starts when you get<br />
on the aircraft, ship or train taking you out of the UK.<br />
(Example 24 on next page.)<br />
RDR3 40