I left the UK almost 5 years ago, am I still considered resident (I am not considered resident of Japan and never will be as I am a foreign devil). If I'm no longer resident when is the cut off point? 3 years ? 3 weeks? It's important that I find out ASAP. If anyone knows for 100 % please email me at mailto:keyworth_r@ewc.co.jp

Thank you

-- Anonymous, November 12, 2000

Answers

Sorry to seem pedantic but you have to define what you mean a bit more to get an answer. I guess you still hold a British passport so you are still a British subject and actually it is quite difficult not to be - you have to positively renounce the status. The next thing is where you are taxed. For example, the US and UK have reciprocal tax agreements which amount to agreements about residency. I do not know whether there is a UK - Japanese agreement about taxation. But if you pay tax and social security in Japan but not Britain then you are a resident in Japan for taxation purposes. With regard to pensions: when I left the UK I continued my social security contributions voluntarily so that I will have a British pension. So, its rather grey, and depends what you are considering.

-- Anonymous, November 13, 2000

I pay tax in Japan, ahevn't set foot on British soil for two years so that's not the problem. Is there a simple (if anything is simple in legal terms) for what constitutes a resident (under British law).

-- Anonymous, November 13, 2000

It's difficult to to advise without knowing the situation you're concerned over, Kegsy.
As Sounder has suggested, nationality and residency are entirely different issues.
Residency purely appertains to where you normally reside for the majority of the year, and is the key determinant in where you pay your taxes (which country benefits from your taxes is the subject of tax treaties).
Having lived entirely in Japan for some time you will technically be a Japanese resident. However, that does not effect nationality - my understanding is that there is actually no legal mechanism for renouncing British citizenship - which is why you have so many people with dual-nationality.
Can you be more specific about the issue that is concerning you?

-- Anonymous, November 13, 2000

Thanks for your help and I realise that I've opened up a can of worms here. I appreciate it's difficult to tell me without hearing the full story, but unfortunately I can't tell you (cast your minds back to the regrets thread from a few weeks ago). I was hoping that there would be a clear cut resident/non residents thing but obviously that isn't the case which makes it difficult. What I will say is that it's nothing illegal! And nothing too serious, but it is an important issue for me.

-- Anonymous, November 13, 2000

So you shagged a mackem and she's now trying to get you deported from Japan to face bestiality charges....

You dirty bloody pervert! ;))

-- Anonymous, November 13, 2000

The residency issue seems very clear Kegsy - you are a Japanese resident.

-- Anonymous, November 13, 2000

Kegsy,
I know there is some condition cocerning where you have your "domicile" which decides for instance where you have to pay tax. I remember that "domicile" is defined differently from "place of residence". I had to understand these points a few years ago and I remember getting some very useful HM Govt booklets which explained things pretty clearly. I would imagine if you ask the Embassy or Consular section in Tokyo you should be able to get the equivalent booklets to help solve your questions. Alternatively you might be able to get what you need from one of the govt web sites such as http://www.open.gov.uk/ or http://www.fco.gov.uk/ or http://www.inlandrevenue.gov.uk/sa/ I hope this helps.

-- Anonymous, November 13, 2000

Thanks for all the help, it looks like I'm buggered, I'll check those links out later and get on to the British Embassy, that's what I paid my taxes for anyway isn't it?

-- Anonymous, November 13, 2000