Residency

Hi, I have been struggeling with the CSA for years. My most recent problem is that the CSA has backdated my case closure because the Father moved away. Only after his Ex Employer responded to the CSA half a year later , to let them know that he no longer works for them, the CSA backdated the closure. I appealed against the decision as leaving a job does not mean that you changed your residence. My points are
- the NRP is on a temp work permit abroad
- got a bank account in the UK
- has two children living in the UK and pays their school fees
- I believe he is a registered Solicitor in the UK, how do I find out about this????

So what is the definition of Residency??????
Can one have several????? When does Residency starts??????
Any advice very much appreciated

I think the issue is that his money is earned in another country, much like the tax he pays would be in that country, you would have to approach that country to enforce the child maintenance whilst his earnings are based there.

Thanks. My application is with REMO since 13 month''s. My issue is that the CSA has closed my case on the bases of change of residence. Thats what I am trying to clearify. He is NOT a resident where he lives and works right now. And he doesn''t pay any Taxes there either.

Have you tried looking into the child maintenance arrangements in the country he is based at?

If that country agree that he is not resident there & therefore not liable; maybe ask for that in writing & use it as proof for the CSA?

Im not completely sure but I think you''re going to need some sort of proof that the liability lies in this country, for the CSA to close the case he must have provided some sort of evidence to them that he is not resident here?

The CSA only has jurisdiction when the NRP is habitually resident in the UK or is paid by a UK based organisation. Unfortunately CSA rules and case law doesn''t define "habitual residence" for CSA purposes.

If it can be shown the NRP intends to come back to the UK, has a home and family here or spends more than 92 days a year here and is registered in the UK for tax purposes the CSA *may* take the view that the habitual residence is in the UK. In that case the NRP can be liable for ongoing maintenance and arrears accrued while the NRP is abroad they can be enforced by the CSA through the courts.