A I

I would encourage you to ask around for a lawyer that has done this for someone in your situation. When my dad met with a lawyer about his E-2 from Spain, the lawyer checked some reference material in front of us to see if the treaty required "residence" in addition to citizenship, as he claimed some e-2 treaties only covered those actually residing on the treaty country, and that being citizen/national of the country was not enough. For Spain this was not the case (good for him, because he did not live in spain at the time)

I do not recall even if it was a book or loose pages, but it was some printed material that he had handy that showed this info.


I don't know also what it would take to become a resident if you are not one since you are convincing the US and not your home country. Is a mailing address in the host country enough ? I have no clue, but If it was me I'd get the answer from someone that knew because they had been successful on a similar case before.

Best of Luck

jennycope

Thanks AI,

Believe me I am trying to find the "Official" answer, however, it really is difficult. I even contacted the UK Embassy in Washington DC today and they said they would get back to me as they were not 100% sure, they "thought" I would be still classed as a resident, but could not tell me definately.

Needless to say they did not call back.

I will keep trying as I am not prepared to risk the application getting messed up on something like this. The lawyer said she would look into it, but this was I had told her I was non-resident, but I"m being told from friends that it is only tax purposes. Who knows .,...lol

This is definately a new one then :-)

Thanks for the well wishes, it appears I'm going to need them.

Marocco

If I were you I'd contact a new lawyer for a second opinion, making sure he has handled E2 applications before. You shouldn't trust anything which an embassy or consulate official tells you about this - they are not paid to provide accurate information and aren't responsible for it if they don't. It's possible that some form of residence in your country of citizenship might be required (meauxna's link indicates that this isn't the case, but it might be wrong). If residence is required, then you need to find out what it consists of. It might be something entirely different from what the UK considers residence for tax purposes.

Some countries have an official concept of "legal residence", but the UK isn't one of them. Even if it did, it may not be relevant for the purpose of getting an E2 visa.

Bonny Boy

In UK tax speak there is Domicile, Residency and Ordinary Residency.

Like many expats, you are non-resident and not ordinarily resident, but retain your UK domicile, at least it appears this way from the posted info.

As you state - you are non-resident for UK tax purposes; however,this does not necessarily mean you are non-resident for visa purposes.

It really needs informed legal opinion if in your case (1) UK citizenship and UK domicile is sufficient for your purposes, or (2) If you can state you you are UK resident for purposes other than tax, as the definition of residency you are using is given specifically for tax affairs and arguably may not apply for other purposes.

Bonny Boy

Think you are off track here. You can be a British Citizen who is non-resident. Do you mean to state that a British Citizen is entitled to British residency? well of course, but we are talking about residency in UK for tax purposes.

Very odd post from thereon!

Jerseygirl

Ozzidoc wrote 'in immigration terms' immediately after the text you highlighted...plus the OP stated her enquiry is not for tax purposes.

Bonny Boy

That's true.

But then seemed to go into a diagnosis of post traumatic stress based on this, even though the OP came across as perfectly reasonable - it just struck me as odd.

Englishtart

Seems perfectly reasonable to me, Ozzi was just genuinely concerned because of where the OP has been for the last few years, how do you know that by 'reaching out' that way to the OP it could have been just what she needed? She was just asking if she had someone to talk too if needed.

Ozzidoc

Firstly, as pointed out my JG, you misquoted me.

Indeed I should have used the phrase "domicile" at some stage, but I knew others would be along soon, with better terminology.

Are you a physician? or a psych nurse? or psychologist? If not, you have NO idea as to the manner and extent in which persecutory delusions are attempted to be hidden.

Have you been once bitten twice shy? I have. I missed a similar diagnosis for several days on here. Thankfully someone else on BE noticed, and hopefully that unwell person did ultimately take action.

Furthermore, a physician friend who had PTSD following Bosnia and who was OK many years afterwards had a short period of time when it reoccurred. (2005)

However, I am not here to justify to you or anyone else that I genuinely care for people and that I base my clinical practice (and life!) upon this.

Ozzidoc

And thankfully that also seems to be how the OP interpreted my post.

jennycope

Hey there... this is absolutely nothing to do with Tax, I am all good on that, this is purely my status when I apply for a visa for the US.

jennycope

Ozzidoc,

I have to say when I read your post I was somewhat surprised as it was something that I had not expected, however, it was also quite a nice feeling that someone actually appreciates what goes on. Do you know NO ONE has ever asked me anything like that. Probably because I am pretty normal, or as normal as one can be, however, since you don't know me like they do, it was actually a nice thing to do... thank you. :-)

Ozzidoc

You're welcome We're generally a pretty caring bunch here on BE.

The internet is a funny place. We interpret what people are writing without having the face-to-face interaction or hearing intonations. When I read your first post, I almost couldn't get over the "Oh my - she's been in not one but two war zones - wow - how brave!! "

Hopefully you'll stick around here for a while - we're curious to know what happens with your visa situation, and I'm sure that you'll have a few more questions that can be answered on here

Bonny Boy

Ozzidoc,

Sorry, not intending to upset anyone, and not wanting to put this thread off track either. I mix with a lot of people who have been involved in those, and other places, so to me it did not flag up the same.

Anyway, as you stated, if US immigration consider British Citizenship = British Residency, then OP should be OK.

meauxna

Was that established?