RFIG22250 | Statutory Residence Test (SRT): supplementary guidance: exceptional circumstances: Exceptional circumstances and Foreign and Commonwealth Office (FCO) advice

Exceptional circumstances will generally not apply in respect of events that bring an individual back to the UK. However, there may be circumstances such as civil unrest or natural disaster where associated FCO advice is to avoid all travel to the region.

Individuals who return to and stay in the UK while FCO advice remains at this warning level would normally have days spent in the UK ignored under the SRT, subject to the 60 day limit.

Example

Philip is a structural engineer, and has worked full-time abroad for many years. He is currently working on a project in Africa. His wife and children live in the UK.

In May the government of the country in which he is working is overthrown in a military coup. This initially gave rise to peaceful protests, but soon developed into increasing levels of civil unrest. In early July the FCO issued advice against all but essential travel to the country. Philip continued to work there.

By mid-October the country was on the verge of civil war, and the FCO upgraded their advice, warning against all travel to the country. Philip returned to the UK on 21 October.

Due to international intervention, by the end of January the following year, political stability had returned to the country. On 29 January the FCO downgraded their advice to avoid all travel to the country. Philip took the first available flight back and resumed work on 31 January.

The days Philip spent in the UK were due to an exceptional circumstance beyond his control, and can be ignored for the purpose of the day counting tests of the SRT. However, the maximum period that can be ignored due to exceptional circumstances is 60 days. Philip was in the UK for 103 days during this period, which means Philip must count 43 days as days spent in the UK for the purposes of the SRT day counting tests.