Foreign Income Exclusion - Form 2555

Quick question:

On form 2555, 15b asks what visa you were on when you entered the foreign country, and 15c asks whether the visa limited the length of your stay. What do you put if your visa has changed since you've been in the country?

We entered on a Work Permit, 5 year limit. We now have ILR. We have to complete the Bona Fide Residence test rather than the Physical Presence test for our US taxes because my husband was in the states for a bit more than 50 days last year (most of which was spent helping an ill relative). So I'm afraid if we put work permit and 5-year limit as our answers, we won't pass the Bona Fide Residence test, even though we have ILR, which is unlimited. What should I do?

If you have to answer "yes" to 15c you have to attach a note to explain your situation. that's where I'd explain your current visa status.

If you have to answer "yes" to 15c you have to attach a note to explain your situation. that's where I'd explain your current visa status.

Thanks! So since the initial visa was a work permit that expired in 5 years (even though I could extend the stay with a different visa), I would answer yes to 15c (which asks "Did you visa limit the length of your stay or employement)? It seems like I would say yes, but I'm just double checking, lol. Really get stressed out about taxes!

Hi there,

I have actually heard differing opinions on this.  I have been told that what they really mean with that question is your current Visa, as most people are no longer on the Visa they entered with. The logic being that when you 'enter' on a Visa that can be when you are issued it (such as a renewal) and isn't necessarily physical 'taking the trip over'. My wife started on a student Visa but is now on a Spouse Visa so I have been told that the current one is relevant.

One thing which isn't clear is the 'limitations on stay' question. I have been told that a Spouse Visa which has a probation period (as they all do) but is renewable is not technically a limitation on stay.  I think it could be argued either way. 

However, I have been told a renewable type of Visa such as a Spouse Visa won't affect BFR if other factors clearly indicate BFR like living and working solely in and owned home with a UK citizen spouse/partner for several years, not owning US property,short holiday visits etc. i.e - the visa is part of a paper process but does not indicate a fixed stay.

I am not an expert just what I have heard. But wanted to chime in as the questions are a bit vague on the 2555.