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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10092
Experience:  30 years as a practising solicitor.
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I will be returning to UK after living abroad in St Lucia I

Customer Question

i will be returning to UK after living abroad in St Lucia
I will be buying my primary residence in scotland
I wish to establish my primary residence in Scotland.
DOes this give me residency in Scotland...
Submitted: 5 months ago.
Category: Scots Law
Expert:  JGM replied 5 months ago.

If you were born in the UK and have a UK passport you are entitled to reside in the UK. Coming back to live and purchasing a home in Scotland establishes that you intend to have your domicile in Scotland. Happy to discuss further. I hope that helps. Please leave a positive response so that I am creditd for my time.

Customer: replied 5 months ago.
my intention is more forward thinking.... I am looking at the Brexit situation and the potential for Scotland to stay as part of the EU, for business purposes, I cannot allow the amount of uncertainty that will come with the years of British negotiations.
I feel that Scotland may well stay and establishing a residence there is my first move towards this...Is this a solid line of thinking....
Expert:  JGM replied 5 months ago.

I am not able to answer the political question as to whether Scotland will enter the EU as an independent country. All I can do is say that if you live in Scotland you will establish a domicile here. If Scotland enters the EU as a citizen of Scotland you would be entitled to take advantage of its EU membership for your business.

Customer: replied 5 months ago.
what I need to know is what qualifies as living in Scotland and establishing a domicile. It may be 1-2 yrs before I move back full time.
How much time do I need to spend there per year
Expert:  JGM replied 5 months ago.

There is no set period. Domicile is gauged by intention, quality and circumstances. Buying a house, living in it as your main home, working from Scotland, having a Scottish will all point to you being domiciled in Scotland.

Customer: replied 5 months ago.
I understand that but it does it completely answer my question
At what point am I considered a Scottish resident
When I purchase?
When i live there part of the time. If so how much
When I file tax returns from the residence
When I have utility bills in my name??Could you please detail this thanjs
Expert:  JGM replied 5 months ago.

There is no black and white answer. If you are living in Scotland and your home is your only or main residence then you are considered resident. You could spend a lot of time out of Scotland on business for example but if your home address is your house is Scotland then you are resident there. The tax laws are of course specific in the number of days you have to spend out of the country to avoid UK tax but that is nothing to do with legal domicile. The list you have posted above are all adminicles of evidence that could be used to say that you are resident but there is no one thing in particular that says you are resident as opposed to not being resident. It is a question of fact and circumstance. Generally if you have a life in Scotland and call it home you will be treated as resident. If you make a will you can also declare in the will that you are domiciled in Scotland.

Customer: replied 5 months ago.
great that is what I needed to know...We have a slightly odd situation, We spend a lot of our time in St Lucia but are not legal residents. My wife is American but we are not resident there either... So we are a family without a permanent residence. We are looking to establish one in Scotland.
Expert:  JGM replied 5 months ago.

Then by coming to live in Scotland you will be able to do so. You at a Uk resident and presumably your wife will apply for a spouse visa and eventually indefinite leave to remain in the UK.

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