Continuous residency requirements

[414Flyer]

Now and then I will see a requirement mentioned for continuous US, such as residing continously in the US for the last 5 years.

Who all has that requirement? I did a overseas contract flying a cheyenne last year for 5 months in India.

How does that affect military pilots who might have been overseas for an assignment?

 

[typhoonpilot]

Good question.

I've seen that at Fedex and UPS. I believe it was a requirement placed on them after they got the U.S. Mail contracts. How strict they are on it is another question. Some have said that if you keep a U.S. address it shouldn't be a problem. I would tend to disagree, especially if you are required to show your passport and/or tax returns as proof. If you have a foreign residence Visa in your passport or file foregn resident status on your tax return I would say you are out of luck. Since you were just there for 5 months I doubt you had a residence Visa. I also doubt you qualfied to file foreign resident status as that requires living there for one full calendar year.

In fact, that may be a good argument. Since the government requires you to live for one full calendar year in a foreign country to qualify for the foreign earned income exclusion, I would argue that they must also use that as a test as to whether or not you are disqualified under this rule.

Typhoonpilot

 

[414Flyer]

I did have an 1 year Indian work visa that is in my passport, but I did keep a US address/ residence the entire time. Also my tax return was not affected, since I was not out of the country long enough.

It is not something that is currently affecting any job applications, but I was just curious about this requirement, which I just saw in an alpine air ad, and I remembered it about Fedex too.

However it could affect what future job assignments I might accept, if some of those might be overseas.

 

[A Squared]

. Since the government requires you to live for one full calendar year in a foreign country to qualify for the foreign earned income exclusion, ...

Isn't it 330 days? (not that it changes your point)

 

[mar]

Think like a weasel lawyer

Maybe I'm playing with fire here, but, the way I see it "residency" is *not* where you hang your hat everynight.

I can work and reside in two totally different locations.

Weasel disclaimer: May not apply to your situation.

 

[typhoonpilot]

Isn't it 330 days? (not that it changes your point)

Actually to qualify for the Foreign Earned Income exclusion you must meet one of two tests. The first is that you are a resident of a foreign country for one full calendar year. The second is that you are in a foreign country for 330 days out of 365. The benefit of the first method, once qualified, is that there isn't a technical limit on the number of days you can spend in the States. In practicality one would be wise not to spend 6 months in the States and still try for the Foreign Earned Income exclusion. The benefit of the second method is that, if you were only out of the States for 330 days, you can still qualify without waiting for the one full calendar year requirement to be met.

TP