Ordinarily Resident
Reviewed by A legal concept for a person who lives in a country on a regular, settled basis as part of their normal way of life; used in tax law and access to public services.
'Ordinarily resident' is a legal concept describing a person who lives in a country on a regular and settled basis as part of the normal pattern of their life, rather than occasionally or temporarily. The term is common in common-law jurisdictions and is used in tax law, social security and access to public services.
The status is determined not only by the number of days spent in the country but also by the nature of the residence: having a permanent home, a settled intention to live there, and family and everyday ties. This distinguishes it from formal tax residency, which in many countries is calculated by day count.
Ordinary residence is often considered together with domicile and tax residency, since together they determine the extent of a person's tax obligations and rights. The specific criteria and consequences depend on the legislation of the particular country.
FAQ
How does ordinary residence differ from tax residency?
Tax residency is usually decided by a formal day count written into tax legislation, while ordinary residence looks at how settled and habitual your life in the country is. The two can coincide, but they are separate tests with separate consequences.
Does a residence permit automatically make me ordinarily resident?
No: a permit grants the right to stay, whereas ordinary residence describes the factual pattern of your life. A permit holder who is rarely in the country will usually not meet the test.
Why does this status matter to an investor?
It often governs access to public healthcare, schooling and certain entitlements, and in some countries it affects whether special tax regimes apply. The precise consequences are set by national legislation.
Can I be ordinarily resident in two countries at once?
In principle yes, since each country applies its own criteria and these can overlap. Where a tax conflict arises, it is resolved under the tie-breaker rules of an applicable double taxation treaty.
How is the status proved — and how does it end when I move on?
It is assessed on the whole picture: a settled home, the length and regularity of your stays, and family, business and social ties. Ending it likewise has to be shown by facts, not by a declaration of departure alone.