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Topic: Are people on fiance visas considered "residents?"  (Read 1113 times)

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Are people on fiance visas considered "residents?"
« on: July 18, 2019, 05:39:50 PM »
Hi all!  I am on a fiance visa and I'm wondering if I am considered a resident of the UK or the US?  I was thinking that I won't be a resident of the UK until I get the FLR visa that gives me access to jobs, NHS, etc., but it seems kind of strange if I am still a resident of the US since I don't live there anymore... Does anyone know for sure whether I would be considered a UK resident or not?  Thanks in advance!
Fiancee application approved: 10 Jun 2019
Arrived in UK:  2 Jul 2019
FLR#1 application submitted:  11 Sep 2019
Biometrics:  17 Sep 2019


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Re: Are people on fiance visas considered "residents?"
« Reply #1 on: July 18, 2019, 05:58:28 PM »
You’re an American citizen, you’ll always be an American citizen (unless you renounce it).

Resident comes from the word reside so since you’re residing in the UK I guess you could class yourself as one. Just so you know, there’s no official ‘resident’ status here, you just have your FLR and ILR until you become a citizen
Feb 2014 - Married
29/04/2014 - Spouse Application Approved
02/05/2014 - Visa Received
09/01/2017 - FLR(M) Granted
22/07/2019 - ILR Granted
05/05/2022 - Citizenship


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Re: Are people on fiance visas considered "residents?"
« Reply #2 on: July 18, 2019, 06:22:27 PM »
Thank you.  From the information on this UK government page, it looks like I don't satisfy the requirements to be considered a UK resident:
https://www.gov.uk/tax-foreign-income/residence

I, too, think that it would make sense for me to be a resident since I do reside here and no longer reside in the US, but it looks like perhaps there is a minimum amount of time needed in the UK before residency "kicks in".  I have to list which country I am a resident of for a travel insurance policy, so I'm thinking I might list the US since it looks to me like that might be the more accurate choice.  If anyone has any other links or info that could shed more light around this, please let me know though!
Fiancee application approved: 10 Jun 2019
Arrived in UK:  2 Jul 2019
FLR#1 application submitted:  11 Sep 2019
Biometrics:  17 Sep 2019


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Re: Are people on fiance visas considered "residents?"
« Reply #3 on: July 18, 2019, 06:47:38 PM »
I have to list which country I am a resident of for a travel insurance policy, so I'm thinking I might list the US since it looks to me like that might be the more accurate choice.  If anyone has any other links or info that could shed more light around this, please let me know though!

Context is important when it comes to residency.  :).
 I think we had someone say fairly recently that they were not eligible for a UK travel insurance policy because they had not yet lived in the country for 6 months, so you are going to need to check with the company if this is the case with your policy.
You don't want to risk finding out too late that you are not covered so explain your situation exactly and let them decide.


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Re: Are people on fiance visas considered "residents?"
« Reply #4 on: July 18, 2019, 06:52:09 PM »
Different situations have different definitions of 'resident'.

For the foreign-earned income exclusion link you posted, you need to have resided in the UK for at least 183 days of the tax year to be considered a UK resident. The UK tax year runs from April 6th to April 5th, so by the time you get to the end of this current tax year, you will be considered a UK resident for tax purposes, as you will have spent more than 6 months of the tax year in the UK.

For travel insurance, you will have to look at each travel insurance company's definition of being a 'UK resident' to determine whether or not you qualify for their insurance:
- some companies require you to hold ILR (which means you've resided in the UK for 5 years and have permanent residence
- some simply require you to be 'ordinarily resident' in the UK (your main residence is in the UK)
- some require you to have been resident in the UK for 12 months or more, some 6 months or more, and some require 3 months or more.


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Re: Are people on fiance visas considered "residents?"
« Reply #5 on: July 18, 2019, 07:07:51 PM »
Thank you all, that makes sense.  I was really hoping there would be a black and white answer to this, but as with so many parts of this process, this seems to be more of a gray area.  From the limited information I've been able to find from the companies' websites, I think it looks like I will need to list the US.  But since I am not 100% sure about this, I think I will indeed just email/call them to check.  Any dicey decision I can take off of my plate and put onto someone else's is always a good thing  ;D
Fiancee application approved: 10 Jun 2019
Arrived in UK:  2 Jul 2019
FLR#1 application submitted:  11 Sep 2019
Biometrics:  17 Sep 2019


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Re: Are people on fiance visas considered "residents?"
« Reply #6 on: July 19, 2019, 06:50:49 AM »
Thank you all, that makes sense.  I was really hoping there would be a black and white answer to this, but as with so many parts of this process, this seems to be more of a gray area.

It's not so much that it's a grey area as that every official situation will have a different and very specific definition of residence.

For example, the HMRC statutory residence test is a tome! 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/547118/160803_RDR3_August2016_v2_0final_078500.pdf


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Re: Are people on fiance visas considered "residents?"
« Reply #7 on: July 19, 2019, 08:27:12 AM »
Ah, this is why you ask.

Go through the travel insurances T&C's before buying. It's what me and my wife do every time we travel.
Feb 2014 - Married
29/04/2014 - Spouse Application Approved
02/05/2014 - Visa Received
09/01/2017 - FLR(M) Granted
22/07/2019 - ILR Granted
05/05/2022 - Citizenship


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Re: Are people on fiance visas considered "residents?"
« Reply #8 on: July 19, 2019, 11:29:17 AM »
Oh wow 105 pages.  Tome indeed!  :o 
Yeah I reckon I will just read through the terms and conditions and try to get confirmation from the insurance company about which country I should select as my residence.  Fingers crossed I won't actually need the insurance anyway, but better safe than sorry!
Fiancee application approved: 10 Jun 2019
Arrived in UK:  2 Jul 2019
FLR#1 application submitted:  11 Sep 2019
Biometrics:  17 Sep 2019


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Re: Are people on fiance visas considered "residents?"
« Reply #9 on: July 19, 2019, 08:09:28 PM »
Ah, this is why you ask.

Go through the travel insurances T&C's before buying. It's what me and my wife do every time we travel.

Exactly.

We are dual UK/US citizens and on our return to the UK with intent to remain we were immediately tax resident. We also were eligible to free travel insurance  with our UK bank, but not until we had been resident in the UK for 6 months.
Dual USC/UKC living in the UK since May 2016


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Re: Are people on fiance visas considered "residents?"
« Reply #10 on: July 20, 2019, 10:27:02 PM »
Wow, that is super cool about the free travel insurance!  Especially since a lot of the quotes I got were not exactly cheap  :\\\'(
Fiancee application approved: 10 Jun 2019
Arrived in UK:  2 Jul 2019
FLR#1 application submitted:  11 Sep 2019
Biometrics:  17 Sep 2019


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Re: Are people on fiance visas considered "residents?"
« Reply #11 on: July 21, 2019, 07:29:55 AM »
Wow, that is super cool about the free travel insurance!  Especially since a lot of the quotes I got were not exactly cheap  :\\\'(

There is usually a monthly fee to pay or other conditions but here is what Martin Lewis has to say about what's available currently.

https://www.moneysavingexpert.com/banking/best-packaged-bank-accounts/


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Re: Are people on fiance visas considered "residents?"
« Reply #12 on: July 21, 2019, 01:33:47 PM »
Cool, thanks for the link!  My partner and I are thinking about opening a joint account, so we’ll see if these might be a good cost-saving option  :)
Fiancee application approved: 10 Jun 2019
Arrived in UK:  2 Jul 2019
FLR#1 application submitted:  11 Sep 2019
Biometrics:  17 Sep 2019


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Re: Are people on fiance visas considered "residents?"
« Reply #13 on: July 21, 2019, 02:52:36 PM »
Another thing to check if opting for a paid bank account that comes with travel insurance as one of the benefits is if you'll have to pay extra on top for any pre-existing conditions or if those would be covered under the normal account fee. 

DH and I have travel insurance as part of his bank account, but we have to pay an annual top-up fee to cover some of our pre-existing conditions.  I think for some plans, it might be that they automatically cover 1 or 2 pre-existing conditions but you have to pay a top-up for any others.  But for some other plans, it might depend on the condition if it would be typically covered or not (e.g. mild well-controlled asthma versus currently undergoing chemo for cancer). 

It still might be cheaper than taking out an insurance plan only when travelling (as and when), but it might not be so I suggest getting clarification on what exactly a bank account-provided insurance plan covers.


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Re: Are people on fiance visas considered "residents?"
« Reply #14 on: July 21, 2019, 03:06:04 PM »
Another thing to check if opting for a paid bank account that comes with travel insurance as one of the benefits is if you'll have to pay extra on top for any pre-existing conditions or if those would be covered under the normal account fee. 

DH and I have travel insurance as part of his bank account, but we have to pay an annual top-up fee to cover some of our pre-existing conditions.  I think for some plans, it might be that they automatically cover 1 or 2 pre-existing conditions but you have to pay a top-up for any others.  But for some other plans, it might depend on the condition if it would be typically covered or not (e.g. mild well-controlled asthma versus currently undergoing chemo for cancer). 

It still might be cheaper than taking out an insurance plan only when travelling (as and when), but it might not be so I suggest getting clarification on what exactly a bank account-provided insurance plan covers.

Good point and definitely worth being up front about any conditions and medications.

We recently spent a month in the USA and since I’d had heart Ablation surgery in December I called them up and went through a set of questions to see what my cover would be. Since the surgery was successful and I am on no medications they sent me a letter summarizing the interview and confirming that I am still fully covered on all health issues.
Dual USC/UKC living in the UK since May 2016


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