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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

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