IHTM47033 - Long-term UK residence: Spousal long-term UK residence elections – When can an election be made?
The rules for spouse elections prior to 6 April 2025 can be found at IHTM13040&²Ô²ú²õ±è;– IHTM13049.
Provided that a person meets the necessary conditions in IHTM47033 an election to be treated as long-term UK resident can be made by:
the person themselves, IHTA84/S267ZC(2)(a), or
if they have died, their personal representatives, IHTA84/S267ZC(2)(b).
However, the personal representatives will only need to consider making an election where:
the person’s long-term UK resident spouse or civil partner has also died, and
transfers between the couple were made at a time when full spouse or civil partner exemption was not available under IHTA84/S18(2).