NI Payments and Ordinarily resident status
#1
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NI Payments and Ordinarily resident status
I am trying to setup voluntary Class 2 NI payments while I live in the US using NI38 (https://assets.publishing.service.go...02905/CF83.pdf)
I'm unclear what I should answer to "Are you ordinarily resident in the UK?" despite reading all their guidance (https://www.gov.uk/government/public...ty-abroad-ni38)
Based on the guidance I would assume I am not ordinarily resident in the UK. I live in the US, only visiting the UK occasionally/briefly, have no property in the UK, my partner is also here and we have no plans to return.
However, it also says "When you tell us your ordinarily resident status you must base this on your circumstances at the time you left the UK." (Emphasis mine). Now at the time I left, I clearly was ordinarily resident in the UK, at least up to the day I left. But that's not how it's phrased on the form itself.
I'm also not clear if it makes any difference, since the US is a country with which the UK has a social security agreement.
I'm unclear what I should answer to "Are you ordinarily resident in the UK?" despite reading all their guidance (https://www.gov.uk/government/public...ty-abroad-ni38)
Based on the guidance I would assume I am not ordinarily resident in the UK. I live in the US, only visiting the UK occasionally/briefly, have no property in the UK, my partner is also here and we have no plans to return.
However, it also says "When you tell us your ordinarily resident status you must base this on your circumstances at the time you left the UK." (Emphasis mine). Now at the time I left, I clearly was ordinarily resident in the UK, at least up to the day I left. But that's not how it's phrased on the form itself.
I'm also not clear if it makes any difference, since the US is a country with which the UK has a social security agreement.
#2
Re: NI Payments and Ordinarily resident status
From what you said you should answer Yes because you were ordinarily resident in the UK at the time you left. But in any case I don’t think the answer will factor into your eligibility to pay Voluntary Contributions (or whether Class 1, 2 or 3) so for you the answer is irrelevant. I think the guidance is pretty clear although the question on the form could definitely be updated to make it clear that it is based upon when you left, rather than just referring you back to the leaflet.
Last edited by Glasgow Girl; Jan 5th 2023 at 12:14 am.