jennycope

I've not had anything official, which is what I need really so I can take it back to the immigration lawyer so I can get things moving!

Ozzidoc

Nope.

We (the OP) needs to ascertain if British citizenship is enough to meet the domiciliary requirements for the US's E visa.

meauxna

We're trying to say, the lawyer should be the one coming up with this information. Why hire a professional if they can't answer the hard questions?
You need someone experienced with UK E-2s.

jennycope

I had a consultation - I have not hired a lawyer yet and so want to ensure that this won't cause me any problems. Why hire a lawyer and spend all that money to tell me that I can't do it, or there will be problems.

I am trying to get all my facts and information together first.

If you cannot help or do not know, that is fine, no need to post!

Thanks

meauxna

Thanks for explaining to me how this forum works. I had no idea.

ian-mstm

We seem to have a number of new folks posting in this forum who think, as you do, that they are entitled to a definitive response... and that when they don't hear what they want to hear, then it's time for the rest of the world to bugger off!

I'm afraid, the forum doesn't work that way. You post... we respond. Those who are immature and only want validation for their pre-conceived situation and don't get it here, are free to find another forum. Those who are mature and approach the forum from a Zen-like perspective, will hear what they need to hear... whether it's what they want to hear or not.

Simply put, *you* don't get to decide who responds to you, or the content of those responses.

Ian

Marocco

I know it's hard to believe, but there's no such thing as "something official" when it comes to immigration law. US courts have ruled that you can't rely on something told you by a government official, and even the websites of the various US embassies and consulates around the world contain wrong and contradictory information on immigration and visas. You need a consultation with an experienced immigration attorney, i.e. one who has already handled E2 cases.

Marocco

Actually "domicile" means something very different in the UK. It's another word (like "residence") whose meaning depends entirely on the context.

Perhaps, but I didn't see any hints of that in the OP's messages. It seems to me that all she did was asking a clear and reasonable question about the need for UK residence to qualify for an E2 visa (one which, in my opinion, can only be answered by a lawyer).

Ozzidoc

I agree with your first para above.

I have already explained myself wrt your first sentence, second para. One doesn't see if one doesn't look

Ray

Your a Brit you will really need to have your Interview in London ...

good E-2 info here ..although the amounts are out of date

http://www.investorvisausa.com/index.html
Do not try and change status to E-2 from a B-2 it can be a very costly mistake




I am not a Doctor nor do I care about that heat rash you have ...

meauxna

So she *does* need to re-establish residency in the UK before applying.

Lookie there, says so right on the London Embassy site:
http://www.usembassy.org.uk/cons_new...niv/enew3.html

Tab C (Applicant Information)

* A color photocopy of the bio data page of the principal applicant's passport and similar copies of any US visas, US entry/exit stamps, and I-94's.


* A copy of any changes or extensions of status granted by USCIS (Form I-797).


* Evidence of the applicant's ongoing residency in the UK (including, as appropriate, a copy of the current lease or mortgage for the applicant's primary residence in the UK; the applicant's most recent UK pay stub; the most recent school transcript for each child between the ages of 5 and 18 inclusive).


* A resume or curriculum vitae of the principal applicant.


* Signed statement of intent to depart the US upon termination of status.

Bonny Boy

OK, I took an interest in this thread because I am in a similar situation to the OP back at Post 1: Non-resident UK for UK tax purposes, and arguably having no country of residence, being on the move a lot of the time.

Reading the links, http://www.usembassy.org.uk/cons_new...niv/enew3.html it would seem in terms of *eligibility* (Tab A) nationality of a treaty country is required - for the OP, this appears to be satisfied.

However, in terms of *application* (Tab C), the London Embassy requires evidence of 'ongoing residency in the UK'.

This is where the lawyer comes in. Can you be non-UK resident for UK tax purposes whilst at the same time having ongoing residency in the UK for the purposes of the E-2 application?

Appropriate documents are requested - including evidence of applicant's lease/mortgage on UK residence - again OP has a house in the UK according to first post, so presumably lease/mortgage on the house itself can be produced - but is that her *residence*, or just a house she owns?

OK, so if you can't get over the above and don't have ongoing residency in the UK, you may apply where you do have ongoing residency - I can't see that nationality and residency/location of Embassy of application have to be the same to proceed.

However, if the OP is not clearly resident anywhere, and an applicant has to be resident in the country of application, then there is an issue, and I think the heart of the original question.

JAJ

Both residence and citizenship are needed.

An explanation here:
http://www.usembassy.org.uk/cons_new/visa/niv/e.html

"10 United Kingdom. The Convention, which entered into force on July 3, 1815, applies only to British territory in Europe (the British Isles (except the Republic of Ireland), the Channel Islands and Gibraltar) and to "inhabitants" of such territory. This term, as used in the Convention, means "one who resides actually and permanently in a given place, and has his domicile there ... Also, in order to qualify for treaty trader or treaty investor status under this treaty, the alien must be a national of the United Kingdom."

If someone is temporarily absent from the United Kingdom, whether they can still apply for an E visa under the UK treaty is for for an experienced immigration attorney.

Alternatively - is there any eligibility for citizenship of the Republic of Ireland or another country which has a treaty with only a nationality clause?