ben1970

Can a UK citizen who is a canadian landed immigrant get an E2 visa.

The US consulate in Toronto website states that you have to apply in the uk - the uk site says you have to be a resident of the UK. But if you are a landed immigrant of Canada how can you reside in the UK ?

Anyone successfully done this ?

Folinskyinla

Hi

The answer can be succinctly stated: no.

The US/UK treaty has a unique provision in it which arises from the fact that it dates from 1815 in the aftermath of the War of 1812. Eligibility is limited to "inhabitants" of the UK in Europe.

You simply are not eligible for an E-2 visa unless you give up your Canadian landed status OR become a Canadian Citizen.

"The trouble is all inside your head she said to me. The answer is easy if you take it logically. I'd like to help you in your struggle to be free." Paul Simon

ben1970

I am still domiciled in the UK.

If I moved back there tomorrow - would I be a resident straight away ?

Why would this mean giving up landed immigrant status ?

Why does the US consulate suggest landed immigrants apply in London, if they don't qualify ?

JAJ

What's really unclear in all of this is why on earth would you want to swap Canadian permanent status for an E2 visa in the U.S. (E2 is probably one of the worst visas to have).

Why not take things one step at a time, get your Canadian citizenship and then think about E2? You might even be able to apply as a Canadian then.

ben1970

I own a US business and need to return to control it.

I will have Canadian citizenship next year, but being unable to run my US business effectively is an issue.

Why does the US consulate in Toronto direct UK citizens who are landed immigrants to apply via London if they don't qualify ??

That's unclear to me.

ian-mstm

Actually, this is quite easy. To maintain LI status in Canada, you only need to be physically present for 3 years out of any 5 year period... so it's quite feasible to be resident in the UK and maintain your LI status in Canada. Perhaps you weren't aware of this. This is the same reason that you can be both a US PR and a Canadian LI at the same time. I don't suggest it's viable in the long term... but in the short term it's quite doable.


What would you like them to suggest... that it's okay for you to do whatever you want because it's more convenient for you? Canadian landed immigrants who are UK citizens are not eligible to apply outside of the UK. I don't know how much more plainly that can be stated.

Ian

ben1970

Ian

You are misunderstanding me.

I am happy to apply at the London consulate.

The problem is, that it appears I do not qualify for the visa as I am not a resident of the UK.

Now I could fly back tomorrow and announce I was a resident, and my domicile is still the UK whatever.

But my question is, if I don't qualify, why would teh Toronto consulate tell landed immigrants who are UK citizens to apply at London ?

What's the point if they don't qualify ?

ian-mstm

Ah... now I see what you're driving at. Yes, I agree it's poorly worded... but I have no answer for you. Perhaps that's the only official comment they're allowed to make... perhaps they are obligated to refer people to London.

It would be easier if they simply stated, "Canadian LI's are not eligible to file for E2 status from within Canada. You must be resident in the UK to file"... or words to that effect.

Ian

JCraigFong

Applying for the E Visa. Stuart is quite correct: a UK citizen who happens to be a Landed Immigrant in Canada is going to have difficulty meeting the residency requirement. This provision of the treaty is still in effect, and the USConGen-London will apply it. I have had consultations with various UK expats who have run afoul of this term of the treaty.

Where does a Landed Immigrant "reside?" The issues of "residency" and "domicile" are exceedingly complex. These terms of art resonate one way in tax law, another way in immigration law, and yet another is common parlance. It would not surprise me if they have yet another meaning, in the context of the treaty. If the original poster is now a Landed Immigrant of Canada, I would NOT take it as read that he is still a UK resident or domiciliary.

The treaty itself speaks of a resident as one who resides in the UK "actually and permanently in a given place, and has his domicile there."

Why does USConGen-Toronto urge you to apply in London? Simple: the treaty between the US and the UK is best read and interpreted by staff at the USConGen in-country. This question is akin to the question about whether individuals can apply in third countries for an E visa. I have replied in other contexts that US Consulates do NOT like doing this, and broadly speaking, I recommend against applying for E visas in a third country. Remember: a third-country USConsulate is likely to resolve ANY questions AGAINST the alien.

The one limited exception to this would be if an E visa applicant is a legal immigrant residing in the third country. Some time ago, I had an Irish citizen who was a Landed Immigrant in Canada. He successfully applied for his E-2 in Toronto. Having said this, however, please note that the UK treaty has terms and interpretation complexities that are NOT present in most other treaties of friendship, navigation, and trade. Any question about whether, under the terms of the treaty, the original poster should be treated as a resident of the UK or not, would be resolved AGAINST the alien.

Is the E-2 one of the worst visas? I am puzzled about this. Frankly, many find the E-2 visa an excellent visa. I would not paint these issues so broadly. Each individual has different reasons and credentials. "Each cat, his own rat," I always say.

I hope all this helps.

fatbrit

It's the visa for the desperate.

ben1970

I am not wanting an E2 to live in the US, I just want to legally manage my business as the manager I had in place for three years has left.

It seems like I will have to run the business for a year or so as there are a few issues with it.

Yet it appears there is no visa I could apply for that would allow me to do this (and stay over 90 days if I needed to).

Basically I have a problem because I am not residing in the UK......very odd.

Anyone got any ideas of a visa i could get to allow me to do this. Or a way of showing I was a resident of the UK.

I still own a home back there.....should I declare I am living there ?

ian-mstm

Well, that would be... umm, lying, right?

Ian

Folinskyinla

Hi:

To be frank, your problem is beyond the scope of what can be done on this forum. You have had two attorneys, one of whom does a LOT of E-2 work tell you the problems AND the reason those problems exist.

You also seem to be stuck on the E-2. There may be other ways to do things. A lot more of digging of the relevant facts is quite necessary.

Perhaps there is a way around your problem. Maybe there is not. However, this is one of those times you need at least an expert consultation with an experienced and competent immigration attorney. Think of it as a business expense.