Your domicile is different to residency. I am non-resident in the UK, but the UK is my domicile, as that is where my house is and I am a UK national.
I found this on the DCSF website re: higher education funding, and this for 2008/9, so you could argue the same.
Temporary employment outside of the United Kingdom and Islands
54. Paragraph 1(4) of Part 1 of Schedule 1 makes provision for students who or whose family members have been temporarily employed outside of England or the United Kingdom and Islands, (or the EEA, Switzerland and Turkey as appropriate).
55. Paragraph 1(4) provides that a person may be treated as being or having been ordinarily resident in England or the United Kingdom and Islands (or the EEA, Switzerland and Turkey as appropriate) if he would have been so resident but for the fact that he, his spouse or civil partner or his parent, or in the case of a dependant relative, his child or child?s spouse or civil partner was temporarily employed outside of England or the United Kingdom and Islands (or the EEA, Switzerland and Turkey) during the three year period.
Possible considerations when establishing temporary absence
60. In reaching a judgement, LAs/SLC will wish to satisfy themselves that the period abroad arises from employment; judge whether or not the absence is temporary; and decide whether, but for the employment of the applicant (or parents or spouse/civil partners etc.), he or she would have been ordinarily resident in the relevant place. In making their decision, LAs/SLC may wish to consider among other things, the nature of the posting; the terms of any contract or employer's letter; the period of time spent abroad; the time spent in this country; and whether a residence has been maintained in the UK (or as the case may be EEA, Switzerland and Turkey).
61. The onus is on the applicant to satisfy the authority that: his absence was due to employment abroad; and this employment was temporary; and were it not for temporary employment abroad he would be ordinarily resident in England or the United Kingdom and Islands (or the EEA, Switzerland and Turkey as appropriate).
62. In determining whether the absence was for purposes of employment but the applicant was not in employment immediately after moving overseas the LA/SLC may wish to consider:
ï‚§ Whether the applicant had applied for jobs prior to his or her departure;
ï‚§ The length of the time spent overseas before obtaining work;
ï‚§ Whether he or she resided in the same overseas country before and after obtaining a job;
ï‚§ What the applicant was doing prior to obtaining a job, or between jobs.
ï‚§ In determining whether the employment was temporary or permanent, the LA/SLC should consider:
The nature of the contract:
ï‚§ Does the contract include liability for UK (or EEA, Switzerland and Turkey) tax on earnings?
ï‚§ Is the posting for a specified period? If it is for an unspecified period, what is the reason for this?
ï‚§ How long is the contractual period?
ï‚§ Is the contract renewable? Would it be normal or unusual for the contract to be renewed on its completion? Has the contract already been renewed or is it one of a succession of contracts abroad?
ï‚§ Does the contract convey automatic rights of return to this country from time to time?
ï‚§ If there is no contractual period, how long has the employee already been resident abroad
and
Determining whether an applicant would have been ordinarily resident but for his temporary employment abroad
64. The applicant should be able to demonstrate that, other than for the temporary employment abroad, he or she would have been ordinarily resident here during the prescribed period. In some cases, an authority may judge that a statement of intention will provide sufficient evidence:
ï‚§ Ownership of property ? although in many cases, this will provide sufficient evidence that an applicant would otherwise have been ordinarily resident here, in some cases it will not. For example, a property may simply be an investment or be intended for occupation only on retirement following a considerable period abroad. Non-ownership of property in the UK and Islands, (or EEA and Switzerland as appropriate), should not be taken to exclude an applicant;
Hope that helps - sorry it was long