GB · rules v2026.1 · last verified 2026-08-28
The UK Statutory Residence Test, explained
Not tax or legal advice. Verify with a qualified professional.
The Statutory Residence Test decides whether you are UK tax resident for a tax year, which runs from 6 April to 5 April. It is not a single day count but an ordered sequence of tests, and the ordering matters: the moment one test settles the question, the later tests are never reached.
GB · v2026.1
UK Statutory Residence Test
The SRT determines UK tax residence for a tax year (6 April to 5 April). Days count when you are in the UK at midnight. Automatic overseas tests are checked first (16 days for leavers, 46 for arrivers, 91 with full-time overseas work), then automatic UK tests (183 days, UK home, full-time UK work), then the sufficient-ties test, where the ties you need shrink as your day count grows. Days you cannot leave due to exceptional circumstances are ignored up to 60 per year; after 30 'qualifying' departure days, extra same-day visits start counting for 3-tie leavers and arrivers (the deeming rule).
| Reference period | tax year (from 6/4) |
|---|---|
| Automatic UK test | 183 days |
| Automatic overseas tests | under 15 days (leavers) or under 45 days (arrivers) |
How days are counted
- A day counts when you are present at the end of the day (the midnight test).
- Pure transit, without passing border control, is excluded.
- Days you could not leave due to exceptional circumstances can be disregarded, capped at 60 per year.
The midnight test
A day counts as a UK day when you are in the UK at the end of it — present at midnight. Arrive at 09:00 and leave at 22:00 the same day, and that day does not count. This is the foundation every other number in the SRT is built on, and it is the single largest source of counting errors, since most people intuitively count any day they set foot in the country.
Transit days are excepted when you arrive and leave the next day without engaging in unrelated activities. Days you could not leave due to exceptional circumstances are disregarded up to 60 per tax year.
First: the automatic overseas tests
Your history sets your category. A leaver was UK-resident in any of the three prior tax years; an arriver was not. A leaver with at most 15 UK midnight days is automatically non-resident; for an arriver the allowance is 45 days. Working full-time overseas keeps you automatically non-resident up to 90 UK days, subject to conditions on hours and UK workdays.
Then: the automatic UK tests
Reaching 183 UK midnight days makes you automatically resident, regardless of anything else. So can having your only home in the UK, or working full-time in the UK — both tests turn on facts about homes and hours that no location ledger can observe, which is why Residay asks for them as attestations.
Finally: sufficient ties
If no automatic test settles the year, residence depends on how many UK ties you have against how many days you spent. The ties are: family (a UK-resident spouse, partner, or minor child), accommodation (a place to live available for a qualifying period), work (more than 40 UK workdays), the 90-day tie (exceeding that count in either of the two prior tax years), and — for leavers only — the country tie (the UK is where you were present at midnight most often). The more days, the fewer ties you can afford.
| UK days in the tax year | Ties needed for residence |
|---|---|
| 16 to 45 | 4 |
| 46 to 90 | 3 |
| 91 to 120 | 2 |
| more than 120 | 1 |
| UK days in the tax year | Ties needed for residence |
|---|---|
| 46 to 90 | 4 |
| 91 to 120 | 3 |
| more than 120 | 2 |
The deeming rule
For leavers and arrivers with three or more ties, a further trap: after 30 qualifying departure days — days you were in the UK but not at midnight — additional such days start counting as UK days despite the midnight test. Frequent same-day visits are not free once you are tied closely enough.
What Residay computes and what it asks
Midnight-day counts, category (leaver or arriver), the computed ties, and the deeming excess all come from the ledger and your residence history. The family, accommodation, work-hours, home-test, and full-time-work facts are attested through a short annual interview, each answer dated and reusable. Split-year cases are detected and flagged with guidance, not computed — partitioning a year is advice territory.
Planning notes
- The tax-year boundary (6 April) means a single trip can straddle two years of counting; check both windows when planning spring travel.
- If you are close to a ties band edge, the cheapest lever is usually a tie, not a day — dropping the accommodation tie can move the threshold an entire band.
- HMRC’s guidance (RDR3) governs the detail; the official source linked above is the binding reference.
Last reviewed 2026-08-29
Common questions
How many days can I spend in the UK before becoming tax resident?
Reaching 183 UK midnight days in a tax year makes you automatically resident regardless of anything else. Below that there is no single number: a leaver with at most 15 UK days and an arriver with at most 45 are automatically non-resident, and between those points residence depends on how many UK ties you have against your day count. The sufficient-ties bands tighten as the days rise, so the answer is personal rather than universal.
Does the day I arrive in the UK count?
Only if you are in the UK at midnight at the end of it. Arrive at 09:00 and leave at 22:00 the same day and that day does not count. This midnight test is the foundation of every SRT number and the largest single source of counting errors, because most people instinctively count any day they set foot in the country.
What is the deeming rule in the UK Statutory Residence Test?
For leavers and arrivers with three or more UK ties, once you have 30 qualifying departure days in a tax year — days you were in the UK but not present at midnight — further such days start counting as UK days despite the midnight test. It means frequent same-day visits stop being free once you are tied closely enough to the UK.
When does the UK tax year run, and are any days ignored?
The UK tax year runs from 6 April to 5 April, so a single trip can straddle two years of counting. Days you were unable to leave because of exceptional circumstances are disregarded, capped at 60 days per tax year. Transit days are also excepted where you arrive and leave the next day without engaging in unrelated activities.