www.iva.co.uk

I have made an application with Melanie Giles. They were very efficient but there appears to be a snag with regards to me currently being in New Zealand and the length of time I have been here.

I would have been a tax resident here for 3 years come October this year. However we only became "official" residents of this country in April of this year. Prior to that we were working here on temporary visas, and kept our residential address in the UK.

I am hoping that there is someone on the forum who is able to give me some advice with regards to this situation. Melanie Giles has informed that they are currently seeking independent advice and will get back to me. I am very concerned as its is coming onto 3 weeks of waiting. If the 3 years is an issue I need to act sooner rather than later.

If anyone has any information on my situation please advise.

Thanks in advance..

You have to show that you are domiciled in the UK to be able to present a petition in the UK.

I have lawyers looking into whether there is any helpful caselaw to assist you, and we are also exploring whether you can make the application in the NZ courts. The timing of your residency in NZ is not really of issue to be honest.

If you can show that you were domiciled in the UK until April 2007, then your application in the UK could be successful. To show domicility in a country you have to be registered for tax purposes, be on the electoral register, and have a permanent address to which your mail is usually delivered.

I will continue to research this for you if you like, but cannot promise to have a solution in such a short timescale as you will appreciate that your case is rather unusual.