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bigduckontax, Accountant
Category: Tax
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Need some advice on the following; Im a UK citizen thats

Customer Question

Need some advice on the following;
Im a UK citizen thats been residing in the UAE for more than 10 years continously.
Im currently looking to move back to the UK bringing along with me my wife and newborn.
I would like to assess whether i would be classified as resident but non-domiciled in the UK.
Some facts:
1) My mother (divorced from my father since i was 12 years old) has been residing in the UAE with her new husband for most of her life. She has a house and is resident in the UAE
2) My father is a british Citizen (acquired when Sierra Leone was a colony of Great Britain)
He was born in Sierra Leone in 1944
3) I currently have my own purchased property in the UAE. I do not have my own property in the UK, besides the apartment i plan to rent when i move to the UK
4) My wife is Iranian, im currently applying for her marriage visa so she can join me in the UK
thanks
Submitted: 1 year ago.
Category: Tax
Expert:  bigduckontax replied 1 year ago.
hello, I am Keith, one of the experts on Just Answer, and pleased to be able to help you with your question. There is no problem with your domicile, you are UK domiciled. It takes at least 16 years before any change in that status can even be considered. I hope your wife's application for an entry permit works. I have a Thai wife and in 2000 had the devil's own job getting her entry clearance until I complained to my MP of the shenanigans going on in the Bangkok Embassy. Such questions as 'What is your husband's favourite composer?' were met with utter incomprehension by the average Thai wife and in inability to answer resulted in an immediate entry refusal. Things have now improved, however, and visas are undertaken by a contractor out with the Embassy. Also make your your offspring is recorded in the UK as British and preferably get them a British Passport. My daughter lives and works in New Zealand and did this with both her children. Also get your wife naturalized, a tad more difficult now as she has to be an English speaker of an acceptable standard.* When my wife achieved Brit Nationality there were two teenagers born in Zimbabwe of Brit parents who were swearing allegiance to HM at the same time through failure to take correct action early. * a recent case causing the Home Office considerable embarrassment was a New Zealand dentist who was threatened with removal as dentists were no longer in the short supply they were previously. He enquired what he should do to remain in the UK and was told that he should naturalise as a Brit. On enquiring how he should do this he was told that he must have an ESOL Level 3 certificate. When he protested that English was the lingua franca in New Zealand he was told rather more loudly that he must have an ESOL Level etc. It was only when his MP and the media got involved the Home Office backed off. On your return to the UK the split year treatment will apply and you will be classified as resident for the tax year after your date of arrival and the arriving year split into two portions, one non resident and one resident. When you originally left the UK did you complete a Form P85? If you did not you should do so immediately. Fortunately there is no time limit as to its submission, it is available on the web and can be filed on line. On receipt HMTC will do the split year, but naturally, the other way around. With the P85 you will find it much easier to deal with HMRC. I do hope my reply has been of assistance.
bigduckontax, Accountant
Category: Tax
Satisfied Customers: 3603
Experience: FCCA FCMA CGMA ACIS
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Expert:  bigduckontax replied 1 year ago.
Thank you for your support.

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