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UK Statutory Residence Test (SRT) Complete Guide 2026

Comprehensive 2026 guide to the UK Statutory Residence Test under Schedule 45 Finance Act 2013: the correct SRT sequence, automatic overseas and automatic UK tests, sufficient-ties tables, 183-day rule, midnight and deeming rules, exceptional circumstances, work-day calculations, split-year interaction and SA109 reporting.

Statutory Sequence & 3-Tier Test Order

The Statutory Residence Test determines UK residence separately for each tax year. HMRC’s current guidance uses a specific sequence: first consider whether the individual has spent 183 days or more in the UK; if not, consider the automatic overseas tests; if none applies, consider the second and third automatic UK tests; and, if those also do not determine the result, apply the sufficient-ties test. This is more precise than describing the SRT simply as a three-stage Overseas → UK → Ties hierarchy.

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Step 1: 183-Day Automatic UK Test — 183 or more UK days makes the individual UK resident for the year, with no need to consider any other SRT test.
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Step 2: Automatic Overseas Tests — if any applicable automatic overseas test is met, the individual is non-UK resident for the year.
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Step 3: Automatic UK Tests and then Sufficient Ties — if no automatic overseas test applies, consider automatic UK tests 2 and 3; if neither applies, use the sufficient-ties test.
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Statutory Basis: The SRT came into effect on 6 April 2013 and provides the statutory framework for UK tax residence. It must still be distinguished from separate treaty-residence rules and split-year treatment.

High-Level SRT Decision Matrix

The table below summarizes the core statutory thresholds across SRT stages:

SRT TestCore ConditionOutcome / Next Step
First Automatic UK Test183 or more UK days in the tax yearUK resident; no other SRT tests need to be considered
First Automatic Overseas TestUK resident in at least 1 of previous 3 tax years + fewer than 16 UK daysNon-UK resident if all conditions are met
Second Automatic Overseas TestNot UK resident in any of previous 3 tax years + fewer than 46 UK daysNon-UK resident if all conditions are met
Third Automatic Overseas TestFull-time overseas work + no significant break + fewer than 91 UK days + fewer than 31 UK work days over 3 hoursNon-UK resident if all conditions are met
Second Automatic UK TestQualifying UK home for the required 91-consecutive-day period, at least 30 days in the tax year, with the required overseas-home conditionUK resident if all conditions are met
Third Automatic UK TestFull-time UK work over a qualifying 365-day period, no significant break, more than 75% UK-work ratio and at least 1 qualifying UK workday in the tax yearUK resident if all conditions are met
Sufficient Ties TestCurrent-year UK days combined with statutory UK ties and previous 3-year residence historyUK resident if the applicable Table A or Table B threshold is met

The Midnight Rule & Work Day Definitions

For SRT day counting, a person generally spends a UK day when they are present in the UK at the end of the day (midnight). This ordinary rule is subject to the deeming rule, transit-day rules and qualifying exceptional circumstances. For work, a day is relevant where the individual works for more than 3 hours in the UK. The work calculation has different roles: fewer than 31 UK workdays is a condition of the third automatic overseas test, while 40 or more UK workdays create a work tie under the sufficient-ties test.

Exceptional Circumstances Allowance

A maximum of 60 days in a tax year may potentially be disregarded where the statutory exceptional-circumstances conditions are met. The 60-day figure is a maximum, not an entitlement. The circumstances must be exceptional and outside the individual’s control, and the individual must intend to leave the UK as soon as reasonably practicable. Exceptional-circumstances treatment is available only for the SRT counts to which the legislation applies; it is not a universal deduction from every test.

First Automatic UK Test — 183 Days

The first automatic UK test is deliberately simple: if an individual spends 183 days or more in the UK in the relevant tax year, they are UK resident for that year. There is no need to consider the automatic overseas tests, the other automatic UK tests or the sufficient-ties test. The 183-day threshold applies to the statutory UK day count, which can be affected by qualifying exceptional circumstances and the relevant day-count rules.

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183 or more: The threshold is 183 UK days.
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No further tests: Once the threshold is met, residence is established under this test.
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Tax year: The count is for the relevant UK tax year, normally 6 April to 5 April.
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Day-count rules: Midnight, deeming and permitted exceptional-circumstances rules can affect the count.
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This is the first SRT step: Do not apply the automatic overseas tests first where 183 or more days have already been spent in the UK.

Automatic Overseas Test 1 — Previous UK Residence

The first automatic overseas test can apply where the individual was UK resident in at least one of the three tax years immediately before the relevant tax year and spends fewer than 16 days in the UK during the relevant year. If all conditions are met, the individual is automatically non-UK resident.

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Previous residence: UK resident in at least one of the previous three tax years.
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Current-year limit: Fewer than 16 UK days.
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16 days is not enough: Exactly 16 days fails the fewer-than-16 threshold.
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Split years: For the previous-three-year residence history, a split-year year is treated as a full year of UK residence.
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Deceased persons: A separate fourth/further automatic overseas rule applies to deceased individuals and is not the standard individual test.

Automatic Overseas Test 2 — No UK Residence in Previous 3 Years

The second automatic overseas test applies only if the individual was not UK resident in any of the three tax years immediately preceding the relevant year. They must then spend fewer than 46 days in the UK in the relevant year. A person who fails this test because they spend 46 or more UK days must move on to the third automatic overseas test, assuming they have not already become UK resident under another applicable test.

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Previous three years: The individual must be non-UK resident in all three immediately preceding tax years.
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Current-year limit: Fewer than 46 UK days.
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46 days fails the test: The statutory threshold is fewer than 46, not 46 or fewer.
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Split years in history: A year treated as UK resident because of split-year treatment counts as a UK-resident year for the previous-three-year test.
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No automatic overseas result: Failing test 2 does not itself make the person UK resident.

Automatic Overseas Test 3 — Full-Time Overseas Work

The third automatic overseas test applies where the individual works sufficient hours overseas during the relevant tax year, has no significant break from overseas work, works for more than 3 hours in the UK on fewer than 31 days, and spends fewer than 91 UK days in the tax year. The full-time overseas-work calculation is detailed and should not be reduced to a simple 35-hour weekly rule.

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Full-time overseas work: The sufficient-hours calculation must be met.
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No significant break: A significant break from overseas work can prevent the test from being met.
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UK workdays: Fewer than 31 UK days on which more than 3 hours of work is performed.
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UK days: Fewer than 91 UK days.
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Deeming rule: The deeming rule does not apply to the third automatic overseas test.
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Relevant jobs: The third automatic overseas test does not apply to a relevant-job worker who makes at least 6 qualifying cross-border trips beginning or ending in the UK.

Automatic UK Test 2 — UK Home Test

The second automatic UK test is not simply 'having your only home in the UK for 91 days'. It has several stages. The individual must have a UK home in which they are present on at least 30 days in the tax year. They must have that qualifying UK home for at least 91 consecutive days, at least 30 of which fall in the relevant tax year. During the relevant 91-day period they must have no overseas home, or, if they do have one or more overseas homes, must be present in each overseas home on fewer than 30 days in the tax year.

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UK home presence: At least 30 days of presence in the UK home during the tax year.
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91-day period: The qualifying UK home must exist for at least 91 consecutive days.
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30 days in tax year: At least 30 of those 91 consecutive days must fall in the relevant tax year.
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Overseas home condition: If an overseas home exists, the individual must be present there on fewer than 30 days in the tax year for the relevant period to qualify.
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Only-home wording is incomplete: An individual can still meet the test in circumstances where they have an overseas home, subject to the statutory permitted-amount rule.

Automatic UK Test 3 — Full-Time UK Work

The third automatic UK test applies where an individual works full-time in the UK over a 365-day period, has no significant break from UK work, more than 75% of the days on which they work for more than 3 hours are UK workdays, and at least one day in the 365-day period that falls within the tax year is a UK workday over 3 hours. The test can be satisfied using a qualifying 365-day period that overlaps the tax year rather than necessarily matching the tax year.

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365-day period: The full-time UK work period can start or end outside the tax year.
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75% test: More than 75% of the days on which the individual worked for more than 3 hours must be UK workdays.
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One in-year workday: At least one relevant UK workday must fall within the tax year.
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No significant break: At least 31 days without qualifying work can create a significant break.
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Relevant jobs: Six qualifying cross-border trips can switch off the third automatic UK test for relevant-job workers.

Sufficient-Ties Test — Former UK Residents

If an individual was UK resident in one or more of the three tax years immediately before the year under consideration, the sufficient-ties test uses the former-resident thresholds. The five possible ties are family, accommodation, work, 90-day and country ties. The number of ties needed falls as the number of current-year UK days rises.

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Country tie: Applies to individuals resident in one or more of the previous three tax years.
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16–45 days: Four ties are required.
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46–90 days: Three ties are required.
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91–120 days: Two ties are required.
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121–182 days: One tie is sufficient.
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183 days or more: The first automatic UK test applies instead.
UK Days in Current YearMinimum Ties Required
16–45 daysAt least 4 ties
46–90 daysAt least 3 ties
91–120 daysAt least 2 ties
121–182 daysAt least 1 tie

Sufficient-Ties Test — Individuals Not Resident in Previous 3 Years

If the individual was not UK resident in any of the three tax years immediately before the year under consideration, the country tie does not apply and the test uses the four remaining ties: family, accommodation, work and 90-day. The thresholds are different from those for former UK residents.

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No country tie: The country tie is not considered.
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16–45 days: Residence is not established under the sufficient-ties table solely by the four ties.
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46–90 days: All four possible ties are required.
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91–120 days: Three ties are required.
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121–182 days: Two ties are required.
UK Days in Current YearMinimum Ties Required
16–45 daysNot sufficient to establish residence under Table B
46–90 daysAll 4 ties
91–120 daysAt least 3 ties
121–182 daysAt least 2 ties

The Five UK Ties

The sufficient-ties test uses five possible UK ties for former UK residents and four for people who were non-resident in all three previous tax years. The ties are family, accommodation, work, 90-day and country. Each tie has its own statutory definition, so a person should not count a tie simply because they have a family member, property or business connection in the UK.

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Family tie: Specific spouse/partner, child and dependency rules apply.
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Accommodation tie: UK accommodation must meet the statutory availability and use conditions.
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Work tie: More than 3 hours of UK work on at least 40 days creates the work tie.
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90-day tie: More than 90 UK days in either or both of the two immediately preceding tax years.
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Country tie: Applies to relevant former UK residents and depends on where the individual spent the greatest number of midnights compared with the UK.

The 90-Day Tie — Exact Rule

The 90-day tie exists where the individual spent more than 90 days in the UK in either or both of the two immediately preceding tax years. Each year is tested separately. The days are not added together. Therefore, 50 UK days in one prior year plus 50 in the other does not create a 90-day tie, while 91 days in either one of those years does.

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More than 90: Exactly 90 does not create the tie.
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Either or both: One prior year above 90 is sufficient.
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No aggregation: The prior-year totals are tested independently.
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Only a sufficient tie: The 90-day tie alone does not establish UK residence.
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Prior two years: The tie uses the two tax years immediately before the year under consideration.

Midnight Rule, Deeming Rule & Transit Days

A UK day normally arises when the individual is present in the UK at the end of the day. The deeming rule can increase the day count by treating certain non-midnight UK visits as UK days. It applies where the individual was UK resident in at least one of the previous three tax years, has at least three UK ties in the current year and has more than 30 qualifying non-midnight UK days. The deeming rule does not apply to the fewer-than-91-day condition of the third automatic overseas test. Qualifying transit days can be excluded where the statutory transit conditions are satisfied.

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Midnight rule: Physical presence in the UK at the end of the day normally creates a UK day.
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Deeming rule: Certain non-midnight visits can be added where the statutory conditions apply.
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More than 30 qualifying days: This is one of the deeming-rule thresholds.
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Three ties: At least 3 UK ties are also required for the deeming rule.
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Third automatic overseas test: Deemed days are not used for its fewer-than-91-day limit.
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Transit days: A qualifying through-transit day can be excluded under the special transit rules.

Work-Day Rules — 3 Hours, 40-Day Tie & Full-Time Tests

Work has its ordinary meaning under the SRT and includes employment duties and self-employed activity. A day with more than 3 hours of UK work is relevant to the work calculations. The same 3-hour threshold is used in several different tests, but the thresholds and calculations differ. The third automatic overseas test requires fewer than 31 UK workdays; a work tie requires 40 or more UK workdays; the third automatic UK test uses a 365-day full-time-work calculation and a more-than-75% UK-work ratio.

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Work tie: 40 or more UK days with more than 3 hours of work.
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Automatic overseas: Fewer than 31 UK workdays over 3 hours.
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Automatic UK test 3: More than 75% of relevant workdays must be UK workdays.
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Travel work: Relevant travel time can count as work under HMRC's detailed rules.
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Records: HMRC recommends detailed work calendars/timesheets showing hours and location.

Exceptional Circumstances — 60-Day Maximum

A maximum of 60 days can be ignored where the statutory exceptional-circumstances rules apply. The circumstances must be exceptional and outside the individual's control. HMRC examples can include serious illness or major travel disruption, but the question is fact-specific and includes what options were realistically available to the individual and whether they intended to leave the UK as soon as reasonably practicable. The 60-day limit is not a free allowance and can apply across several events in the same tax year.

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60 days maximum: It is a statutory maximum, not an annual allowance.
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Outside control: The circumstances must generally be outside the individual's control.
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Reasonable departure: The individual must intend to leave as soon as reasonably practicable.
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Fact specific: HMRC considers the individual's actual circumstances and choices.
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Test coverage: Exceptional days can be discounted only where the applicable SRT legislation permits it.

Relevant Jobs & Six Cross-Border Trips

If an individual has a relevant job at any time during the tax year, the third automatic UK test and third automatic overseas test do not apply if at least six qualifying cross-border trips in that year begin or end in the UK. The other automatic tests can still apply, and the sufficient-ties test remains available if no automatic test determines residence.

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Relevant job required: The special rule is not available to every frequent traveller.
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Six qualifying trips: At least 6 qualifying cross-border trips are required.
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Effect: Both the third automatic UK and third automatic overseas tests are switched off.
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Other tests survive: The first automatic UK test and the first two automatic overseas tests remain relevant.
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Fewer than 6 trips: The ordinary third automatic UK/overseas tests remain available.

Split-Year Treatment & Previous-Year Residence

Split-year treatment is separate from determining whether the individual is UK resident for the tax year. Where split-year treatment applies, the year still counts as a full year of UK residence for certain SRT historical tests, including determining residence in the previous three tax years. Split-year treatment also does not itself determine residence under a double taxation agreement.

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Split year does not create two SRT residence statuses.
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Historical residence: A split-year year is treated as a full UK-resident year for the previous-three-year SRT residence history.
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Sufficient ties: Prior split-year treatment can therefore affect which Table A/B test applies.
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Treaty residence: SRT split-year treatment does not determine treaty residence.
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Separate analysis: Use the SRT and relevant DTA independently.

SRT, Treaty Residence & Double Taxation Agreements

UK domestic residence under the SRT is not the same thing as residence under a double taxation agreement. An individual can be UK resident under domestic law and also resident in another country under that country's law. If both states claim residence, the relevant treaty's tie-breaker provisions must be considered separately. Passing an automatic overseas test does not automatically determine treaty residence in another state.

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SRT residence: Determines UK domestic residence.
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Treaty residence: Determined under the applicable DTA.
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Dual residence: A treaty tie-breaker may apply where both jurisdictions regard the individual as resident.
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No automatic substitution: SRT day-count rules do not replace treaty-residence analysis.

SRT & the 2025/26 Foreign Income and Gains Regime

The UK's Foreign Income and Gains (FIG) regime applies from 6 April 2025 to qualifying new UK residents and is separate from the SRT itself. The SRT determines whether an individual is UK resident; the FIG regime then provides a potential relief for qualifying foreign income and gains if its separate conditions and claim requirements are met. A person should therefore not describe non-UK residence, split-year treatment and FIG relief as interchangeable concepts.

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SRT first: UK residence is determined under the SRT.
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FIG is separate: It is a relief regime for qualifying new UK residents.
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Claim required: FIG relief must be claimed on the relevant Self Assessment return.
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Four-year period: The main relief period is up to the first four tax years of UK residence where the statutory conditions are met.
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Treaty interaction: Double taxation agreements continue to operate separately.

SA109 — Reporting SRT Residence

Where a taxpayer files Self Assessment and needs to report residence information, SA109 is the relevant supplementary form. The SRT determines the legal residence position; SA109 reports the facts and claims or elections required by the form. The current 2026 SA109 and notes should be used for 2025–26 returns. The exact boxes depend on the taxpayer's circumstances, including split-year treatment, residence status, remittance/FIG information and foreign income/gains information.

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SA109 is a reporting form: It does not itself create non-residence.
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Current version: HMRC published the 2026 SA109 and notes for the 2025–26 tax year.
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Split-year: Relevant boxes must be completed where the statutory split-year conditions apply.
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Residence facts: Day counts and SRT circumstances should be consistent with the return.
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Evidence: Maintain the underlying travel, work, home and tie calculations.

Record Keeping & HMRC Audit Evidence

HMRC recommends detailed records where residence depends on work and day counts. Useful evidence includes travel schedules, tickets and boarding cards, work calendars/timesheets showing hours and location, employment contracts, records of breaks between employments, annual/sick/parenting leave, UK and overseas home records, dependent-child visits and evidence of exceptional circumstances. There is no single HMRC-mandated evidence document that guarantees non-residence.

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Travel records: Keep arrival/departure and UK-day evidence.
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Work records: Keep daily hours, location and nature of work.
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Home records: Keep property and availability records.
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Family records: Keep evidence relevant to dependent children and family ties.
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Exceptional circumstances: Keep evidence of the event and reasonable efforts made to leave the UK.

Frequently Asked Questions (6)

Yes. Spending 183 days or more in the UK in the relevant tax year satisfies the first automatic UK test, making you UK resident for that year. No other SRT test needs to be considered once this test is met.

A UK day normally arises when you are present in the UK at the end of the day (midnight). This is subject to the deeming rule, qualifying transit-day rules and applicable exceptional-circumstances rules.

For SRT purposes, a day on which you work for more than 3 hours in the UK is relevant as a UK workday. The same threshold is used for several tests, but the consequences differ: fewer than 31 such days is required for automatic overseas test 3, while 40 or more creates the sufficient-ties work tie.

The possible ties are family, accommodation, work, 90-day and country. The country tie only applies where the individual was UK resident in one or more of the three tax years immediately before the year under consideration. A person not resident in any of those three years can have only the first four ties.

A maximum of 60 days can potentially be disregarded where the statutory exceptional-circumstances rules are satisfied. The 60 days is a maximum, not an allowance, and the event must be exceptional and outside the individual’s control with the required intention and circumstances.

Where Self Assessment applies, SA109 is used to report residence information and relevant split-year circumstances. The SRT determines whether you are resident or non-resident; SA109 reports the position rather than creating the legal residence status.
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2026 TAX SNAPSHOT

Standard Personal Allowance
£12,570
Standard allowance; specialist and Scottish rules can differ.
England / Wales / Northern Ireland Basic-Rate Band
£37,700
£50,270 including the standard £12,570 Personal Allowance.
4-Year FIG Regime
Maximum 4 tax years
Available to qualifying new UK residents after at least 10 years of non-UK residence.
IHT Long-Term UK Residence
10 of previous 20 years
Overseas-asset exposure can continue for 3–10 years after leaving, depending on residence history.

Summary Takeaways & Checklist

  • SRT testing follows the statutory sequence: first check 183 or more UK days; if fewer, consider the automatic overseas tests; if none applies, consider the second and third automatic UK tests; if still unresolved, apply the sufficient-ties test.
  • Spending 183 or more days in the UK makes you UK resident under the first automatic UK test, with no need to consider any other SRT test.
  • Full-time overseas work can satisfy the third automatic overseas test where all its conditions are met, including fewer than 91 UK days, fewer than 31 UK workdays over 3 hours and no significant break from overseas work.
  • Presence in the UK at the end of the day normally counts as a UK day, subject to the deeming rule, qualifying transit-day rules and applicable exceptional circumstances.
  • The sufficient-ties test combines current-year UK days with family, accommodation, work, 90-day and, for people resident in one or more of the previous three tax years, country ties.