warrend

Hi there,

Sorry if this has been covered already.

I recently moved back to the UK from NZ.

My wife is a NZer and will soon be joining me in the UK on a tourist visa (whilst we wait the 6 months until she can apply for a spouse visa).

While she's in the UK on her tourist visa, she'll be living with me at my flat (which I rent).

Will I lose my 25% single occupier council tax discount?

I know the easy answer is just to "not tell the council". But I think I'm best playing it straight... I don't want to do anything now which could jeopardise visa applications, etc, in the future. Also it might be good to add my wife's name to the tenancy agreement for proof of living together etc... but not if it means I lose my 25% tax discount.

Any thoughts/comments are much appreciated.

Cheers and Happy Easter!

formula

It's a single person discount, so you will need to tell the council that your wife is living there when she arrives. When she leaves, you will be able to claim the single persons 25% discount again.

It's not worth risking it for the sake of saving a few quid. If she was just staying for a week or two, then no, but as she intends on living with you for 6 months then the council will need to be told. Government departments share information; a neighbour who is struggling to pay their council tax, might report you to the council etc.

Never mess around with the councils as they have too much power to get their money. They can even insist that your annual council tax bill is paid upfront (instead of in installments over the year) if you don't comply with their rules. One of their rules being that when you apply for the single person discount, you must tell them of any changes.

It's because of the powers councils have to collect their money, that those in financial trouble are always told that council tax is always a priority bill.

dunroving

+1 - it's a no-brainer.

Jerseygirl

Please do ask our members whether you should or shouldn't break the law by not informing the council re your council tax. Thank you.

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warrend

I think you're entirely missing my point!

In fact, what on earth are you talking about??

My question simply was - do people in the UK on a tourist visa have to pay council tax?

I never said anything about breaking the law! That's the last thing I would ever want to do.

And to the other people who replied, thank you.

But I never said my wife is going to be here for 6 months. I said we're waiting 6 months until she can apply for the proper visa. She will be here for just a few weeks as it happens.

formula

Your best bet to to tell your council in writing (and keep a copy) when she is here and see if they want to remove your 25% discount while your wife is living with you.

If you do have to pay the 100% and it's only for just a few weeks, then it won't be much money anyway. That way, you won't have to worry about any nasty surprises.

Being in the UK on a tourist visa to visit places while on holiday v a person using a visit visa to live in the UK with their spouse while waiting to meet the financial requirements to apply for a spouse visa, are two different things. That's why it's best to declare that fact that you wife to your local council as they will be the ones who will decide whether you can still have your 25% discount during this time, or not. All councils' set their own rules for who does and who doesn't pay council tax.

You might already know this, but if you don't, make sure your wife has health insurance and that she pays for any NHS she uses while she is in the UK on a visit visa. Using the NHS illegally is one of the things that will stop a spouse visa.

spouse of scouse

I'd check on your Council's website. The few I looked at advised that visitors don't affect the single occupier discount - it seems you only lose this when another person uses your home as their main place of residence. Ie, if they're just visiting and their usual/main home is elsewhere, it's fine. Hopefully your Council's website will give you the info.

dunroving

To be fair the part I bolded in your original post does sound a bit ambiguous. The site management can get in trouble if possible illegalities are discussed (it does happen surprisingly frequently) so the mods are understandable concerned about it if they think the see it. In this case it was an understandable error.

warrend

Yes, good point. Thank you for that

I've read around on a few other forums and council websites, where others have found themselves in similar situations, and it seems that individual councils have different interpretations of the rules.

Some say that council tax charges only apply for UK citizens/residents, and not for those here visiting on a tourist visa. However, other councils state that anyone living in their catchment area is subject to council tax.

While my wife is here, she will be travelling around the UK and Europe, visiting other family and friends, which may complicate things further.

I just wish there was a simple answer, as to whether tourists in the UK have to pay council tax.

Yes - thank you! I guess I'll call my council on Tuesday and see what their interpretation is.

dunroving

I would just read the Web site for the council that covers wherever you plan to live. Any other councils' regulations are moot.

In the Web site for Leeds Council, for example, they say the following:

"Under Council Tax law, a person is classed as living at an address if it is their ‘sole or main residence’. If a person has only one address, that address is their sole residence. However, if he or she spends time at more than one address, we have to decide which one is their main residence.

What does ‘main residence’ mean?
Unfortunately, Council Tax law does not explain what ‘main residence’ means. However, a number of cases have been before the High Court and the judges’ decisions in those cases have given councils guidelines to follow. Details of some of these cases are given in the document ‘Sole or main residence cases’.
A person does not necessarily have to be physically present at an address all the time for it to be their main residence. We have to look into the circumstances at each address. The things we have to take into account are:

◾whether they physically reside at each address;
◾the reasons why they have two addresses;
◾where their wife, husband or partner lives, if they have one;
◾where their children live, if they have any;
◾their legal tie to each address;
◾where they keep most of their belongings;
◾whether they intend to return to one address eventually;
◾whether anything prevents them from returning whenever they want to;
◾which address seems to be their most settled home."

formula

If it were me, I would just wait until she is with you and then ask them; in writing; with a copy kept. Plans change.

Even if you do have to pay, it won't be much.

warrend

Fair enough, I accept my original post didn't read as clearly as it sounded in my head.

My main point - I genuinely was just trying to find out if people on a tourist visa are subject to council tax. And of course, if I lose my discount and we have to pay extra, then so be it. Doing something illegal had never even entered my head.

The part about adding my wife to the tenancy agreement, what I meant was: if my wife is subject to council tax whilst she's here on a tourist visa, then although I'd lose my discount, it may actually make things easier when she comes to apply for her spouse visa later in the year. Obviously, the more official proof we have of living together etc, the better. Nothing whatsoever to do with breaking any laws!



Interesting - thank you. But would one on a tourist visa even have a 'main residence' in the UK? On the other hand, the part you emboldened would suggest they do if their spouse lives here. At the very least, it's a grey area.



Good point -thank you.

dunroving

Your situation is compounded by the fact your wife will be living here with two types of status - wife of a resident, and tourist. This makes your situation difficult to answer definitively.

I get single occupant reduction and when I have "tourists" visiting, usually for anything up to 2 weeks maximum, I don't tell the council because it clearly does not fall under the definition of main residence for these people. They really are "just visiting" for a "short period".

However, I am not married to any of them. I think the latter is the source of the complication. Any advice would be pure speculation, unless someone has been in exactly the same situation with exactly the same council, so best to write to the council as suggested, and keep copies of all communications. You can't do any worse than write and tell them the exact situation and let them decide.

BritInParis

If your wife is on a visitor visa/stamp then she is not resident in the UK and therefore not subject to council tax ergo you can keep your single occupier discount. If she enters the UK on any other type of visa (partner, work, etc..) then she is resident in the UK from the day she arrives and you will need to inform the council at this point.

Sally Redux

Cut him down from the gibbet!