Denver on a E-2 employee visa.
Oct 17th 2004, 7:36 am
#1
Just Joined
Thread Starter
Joined: Oct 2003
Location: Holland Landing, ON
Posts: 29
Denver on a E-2 employee visa.
Hi
I have read through some of the threads and FAQ’s on this site but still need some direction/help on the following.
I currently work in the UK rail industry (communications engineer) and I have recently been offered a 2 year contract to relocate to Denver Co.
The offer provides a home & medical insurance for myself & the family for the duration of the two year contract, however having visited Denver on several occasions our aim is to hopefully stay beyond the two years (with the same company).
My questions/concerns are as follows:
1.The limitations of the E-2 employees visa (wife and three young children included, all British Citizens)
2.As two of my children are at school age (5 &7) will I have to pay for their education due to the E-2 visa being non-resident?
3.Do I still have to pay UK income tax?
Many thanks in advance.
Scan
I have read through some of the threads and FAQ’s on this site but still need some direction/help on the following.
I currently work in the UK rail industry (communications engineer) and I have recently been offered a 2 year contract to relocate to Denver Co.
The offer provides a home & medical insurance for myself & the family for the duration of the two year contract, however having visited Denver on several occasions our aim is to hopefully stay beyond the two years (with the same company).
My questions/concerns are as follows:
1.The limitations of the E-2 employees visa (wife and three young children included, all British Citizens)
2.As two of my children are at school age (5 &7) will I have to pay for their education due to the E-2 visa being non-resident?
3.Do I still have to pay UK income tax?
Many thanks in advance.
Scan
Oct 17th 2004, 1:37 pm
#2
Vegas Baby
Joined: Sep 2003
Location: Liverpool>Fl>Tx>Ca>Nv
Posts: 567
Re: Denver on a E-2 employee visa.
Why E-2 this is an Investor Visa and unless you are buying the company it is not the visa you would use.
The Visa you need to try to get is L1a management transfer or L1b specialist Knowledge. The beauty of these visas is that you can apply for a green card whilst you are here which would take about 2 years and if going through an attorney would cost about $10k also your partner would get an L2 allowing him or her to work
The Visa you need to try to get is L1a management transfer or L1b specialist Knowledge. The beauty of these visas is that you can apply for a green card whilst you are here which would take about 2 years and if going through an attorney would cost about $10k also your partner would get an L2 allowing him or her to work
Oct 17th 2004, 1:58 pm
#3
Joined: Feb 2002
Posts: 6,848
Re: Denver on a E-2 employee visa.
Yes I agree that the visas will most likely be L1 and the L2 for dependants.
If your children have L2 visas they can attend the local public (state) school at no extra charge.
If you are being paid in the US and not via the UK then no, you are not liable to pay UK income tax. However, if you are renting out a property in the UK and after certain deductions (management fees, repairs, personal allowances) make a profit, then you may have to pay tax to the Inland Revenue.
Strongly advise that all UK income is paid into an offshore account; ie. if you have a current account with say, Barclays Bank or Lloyds TSB, just ask to transfer your account to their offshore centres in the Channel Isles or the Isle of Man. You can get all the info for most UK banks and building socities offshore from here:
http://www.expatinvestor.com (go to the advertisers links in the drop-down column on the left).
If your children have L2 visas they can attend the local public (state) school at no extra charge.
If you are being paid in the US and not via the UK then no, you are not liable to pay UK income tax. However, if you are renting out a property in the UK and after certain deductions (management fees, repairs, personal allowances) make a profit, then you may have to pay tax to the Inland Revenue.
Strongly advise that all UK income is paid into an offshore account; ie. if you have a current account with say, Barclays Bank or Lloyds TSB, just ask to transfer your account to their offshore centres in the Channel Isles or the Isle of Man. You can get all the info for most UK banks and building socities offshore from here:
http://www.expatinvestor.com (go to the advertisers links in the drop-down column on the left).
Oct 17th 2004, 2:45 pm
#4
Bishop John MightBe
Joined: Sep 2004
Location: Spreading the word
Posts: 1,778
Re: Denver on a E-2 employee visa.
Originally Posted by vegas
Why E-2 this is an Investor Visa and unless you are buying the company it is not the visa you would use.
The Visa you need to try to get is L1a management transfer or L1b specialist Knowledge. The beauty of these visas is that you can apply for a green card whilst you are here which would take about 2 years and if going through an attorney would cost about $10k also your partner would get an L2 allowing him or her to work
The Visa you need to try to get is L1a management transfer or L1b specialist Knowledge. The beauty of these visas is that you can apply for a green card whilst you are here which would take about 2 years and if going through an attorney would cost about $10k also your partner would get an L2 allowing him or her to work
A supervisory or managerial worker can also qualify for an E visa.
Oct 17th 2004, 3:37 pm
#5
Arrogant ****
Joined: Jan 2004
Location: Plano, TX
Posts: 4,323
Re: Denver on a E-2 employee visa.
Originally Posted by MightBe
Not totally right
A supervisory or managerial worker can also qualify for an E visa.
A supervisory or managerial worker can also qualify for an E visa.
E1 and E2 Employees
Once the principal applicant has obtained registration as a Treaty Investor or Trader, it is a relatively straightforward task to obtain E visas for qualifying employees. Obtaining the registration usually takes 4 to 6 weeks, and obtaining subsequent employee visas usually takes 10 to 15 working days.
In other words supervisory and managerial workers can only get an E visa if the company owner came over on an E1 or E2 visa as a Treaty Investor.
That does not sound like the case here, but perhaps the OP will give some more details of why he thinks he will be entitled to an E2?
Oct 17th 2004, 7:27 pm
#6
Just Joined
Thread Starter
Joined: Oct 2003
Location: Holland Landing, ON
Posts: 29
Re: Denver on a E-2 employee visa.
Originally Posted by dbj1000
Also not totally right:
E1 and E2 Employees
Once the principal applicant has obtained registration as a Treaty Investor or Trader, it is a relatively straightforward task to obtain E visas for qualifying employees. Obtaining the registration usually takes 4 to 6 weeks, and obtaining subsequent employee visas usually takes 10 to 15 working days.
In other words supervisory and managerial workers can only get an E visa if the company owner came over on an E1 or E2 visa as a Treaty Investor.
That does not sound like the case here, but perhaps the OP will give some more details of why he thinks he will be entitled to an E2?
E1 and E2 Employees
Once the principal applicant has obtained registration as a Treaty Investor or Trader, it is a relatively straightforward task to obtain E visas for qualifying employees. Obtaining the registration usually takes 4 to 6 weeks, and obtaining subsequent employee visas usually takes 10 to 15 working days.
In other words supervisory and managerial workers can only get an E visa if the company owner came over on an E1 or E2 visa as a Treaty Investor.
That does not sound like the case here, but perhaps the OP will give some more details of why he thinks he will be entitled to an E2?
The E-2 treaty investor visa is available to firms that are at least 50%
owned by persons who are nationals of countries that have a treaty of
friendship, commerce, and navigation with the US, hence the name. The
UK has such a treaty with the US and companies which are ultimately
owned by British citizens who are normally resident in the UK would
qualify. The prospective investor firm must have made a "substantial"
investment in the United States or be in the process of making such an
investment. Although I have not seen the balance sheets for any of your
US operations, it is likely that by now you have a sufficient investment
at risk to meet the "substantiality" requirement, assuming that there is
no commercial financing involved.
A first application for an E-2 Treaty Investor visa consists of two
parts.
The first part is effectively a "registration" process for the UK
investor firm, while the second part is an application by an individual
employee for a visa. The two parts are filed at the same time and the
processing takes six to ten weeks. Assuming an approval, the employee
would then visit the US embassy for the required personal appearance and
his visa would be delivered a few days after the appearance.
Once a UK investor company and its US operations have been approved by
the US Embassy in London, there is generally no need to submit
information or documents concerning the firm when applications for
further E-2 visas are made by British employees of the firm. This
dramatically reduces the processing time for such applications: at
present, an application for an E-2 visa on behalf of an employee of a
"registered" company takes only one or two weeks to complete.
To qualify for E-2 visas, employees must be British nationals and must
be going to the US to work either as executives or supervisors, or they
must possess skills which are essential to the operation of the US firm.
They do not need to have any particular length of service with the UK
parent firm or indeed have ever been employed by the firm before seeking
an E-2 visa.
Provided that the company remains UK owned an E-2 visa is renewable
indefinitely as long as the employment continues.
Oct 17th 2004, 8:35 pm
#7
Arrogant ****
Joined: Jan 2004
Location: Plano, TX
Posts: 4,323
Re: Denver on a E-2 employee visa.
Originally Posted by scan
The E-2 visa option is based on the following information.
The E-2 treaty investor visa is available to firms that are at least 50%
owned by persons who are nationals of countries that have a treaty of
friendship, commerce, and navigation with the US, hence the name. The
UK has such a treaty with the US and companies which are ultimately
owned by British citizens who are normally resident in the UK would
qualify. The prospective investor firm must have made a "substantial"
investment in the United States or be in the process of making such an
investment. Although I have not seen the balance sheets for any of your
US operations, it is likely that by now you have a sufficient investment
at risk to meet the "substantiality" requirement, assuming that there is
no commercial financing involved.
A first application for an E-2 Treaty Investor visa consists of two
parts.
The first part is effectively a "registration" process for the UK
investor firm, while the second part is an application by an individual
employee for a visa. The two parts are filed at the same time and the
processing takes six to ten weeks. Assuming an approval, the employee
would then visit the US embassy for the required personal appearance and
his visa would be delivered a few days after the appearance.
Once a UK investor company and its US operations have been approved by
the US Embassy in London, there is generally no need to submit
information or documents concerning the firm when applications for
further E-2 visas are made by British employees of the firm. This
dramatically reduces the processing time for such applications: at
present, an application for an E-2 visa on behalf of an employee of a
"registered" company takes only one or two weeks to complete.
To qualify for E-2 visas, employees must be British nationals and must
be going to the US to work either as executives or supervisors, or they
must possess skills which are essential to the operation of the US firm.
They do not need to have any particular length of service with the UK
parent firm or indeed have ever been employed by the firm before seeking
an E-2 visa.
Provided that the company remains UK owned an E-2 visa is renewable
indefinitely as long as the employment continues.
The E-2 treaty investor visa is available to firms that are at least 50%
owned by persons who are nationals of countries that have a treaty of
friendship, commerce, and navigation with the US, hence the name. The
UK has such a treaty with the US and companies which are ultimately
owned by British citizens who are normally resident in the UK would
qualify. The prospective investor firm must have made a "substantial"
investment in the United States or be in the process of making such an
investment. Although I have not seen the balance sheets for any of your
US operations, it is likely that by now you have a sufficient investment
at risk to meet the "substantiality" requirement, assuming that there is
no commercial financing involved.
A first application for an E-2 Treaty Investor visa consists of two
parts.
The first part is effectively a "registration" process for the UK
investor firm, while the second part is an application by an individual
employee for a visa. The two parts are filed at the same time and the
processing takes six to ten weeks. Assuming an approval, the employee
would then visit the US embassy for the required personal appearance and
his visa would be delivered a few days after the appearance.
Once a UK investor company and its US operations have been approved by
the US Embassy in London, there is generally no need to submit
information or documents concerning the firm when applications for
further E-2 visas are made by British employees of the firm. This
dramatically reduces the processing time for such applications: at
present, an application for an E-2 visa on behalf of an employee of a
"registered" company takes only one or two weeks to complete.
To qualify for E-2 visas, employees must be British nationals and must
be going to the US to work either as executives or supervisors, or they
must possess skills which are essential to the operation of the US firm.
They do not need to have any particular length of service with the UK
parent firm or indeed have ever been employed by the firm before seeking
an E-2 visa.
Provided that the company remains UK owned an E-2 visa is renewable
indefinitely as long as the employment continues.
Without knowing the status of the company you're trying to join in the US, I can't really be sure what visa type you'll be applying for, but unless the company is owned by a Brit already on an E1 or E2 investor visa, it's unlikely to be an E visa.
Oct 17th 2004, 8:38 pm
#8
Arrogant ****
Joined: Jan 2004
Location: Plano, TX
Posts: 4,323
Re: Denver on a E-2 employee visa.
Originally Posted by dbj1000
Yes, but is the company sponsoring your visa British owned, or a US branch of a company you work for in the UK? It's far more common to be transferred on an L1 visa if you are joining the US offices of a company you work for in the UK. If you don't work for the company already, it's more common to be sponsored as an H1B visa if you have appropriate experience or qualifications.
Without knowing the status of the company you're trying to join in the US, I can't really be sure what visa type you'll be applying for, but unless the company is owned by a Brit already on an E1 or E2 investor visa, it's unlikely to be an E visa.
Without knowing the status of the company you're trying to join in the US, I can't really be sure what visa type you'll be applying for, but unless the company is owned by a Brit already on an E1 or E2 investor visa, it's unlikely to be an E visa.
Oct 17th 2004, 9:00 pm
#9
Just Joined
Thread Starter
Joined: Oct 2003
Location: Holland Landing, ON
Posts: 29
Re: Denver on a E-2 employee visa.
Originally Posted by dbj1000
Yes, but is the company sponsoring your visa British owned, or a US branch of a company you work for in the UK? It's far more common to be transferred on an L1 visa if you are joining the US offices of a company you work for in the UK. If you don't work for the company already, it's more common to be sponsored as an H1B visa if you have appropriate experience or qualifications.
Without knowing the status of the company you're trying to join in the US, I can't really be sure what visa type you'll be applying for, but unless the company is owned by a Brit already on an E1 or E2 investor visa, it's unlikely to be an E visa.
Without knowing the status of the company you're trying to join in the US, I can't really be sure what visa type you'll be applying for, but unless the company is owned by a Brit already on an E1 or E2 investor visa, it's unlikely to be an E visa.
1.The company is British owned with business interests in the US, as they are being directed towards an E type visa I’m assuming that they already hold an E-1 visa (I will ask the question tomorrow).
2.I’m also not currently employed by them.
Oct 17th 2004, 9:12 pm
#10
Just Joined
Thread Starter
Joined: Oct 2003
Location: Holland Landing, ON
Posts: 29
Re: Denver on a E-2 employee visa.
Originally Posted by scan
1.The company is British owned with business interests in the US, as they are being directed towards an E type visa I’m assuming that they already hold an E-1 visa (I will ask the question tomorrow).
2.I’m also not currently employed by them.
2.I’m also not currently employed by them.
Sorry dbj1000, just read your last reply, not an investor just an employee, the thinking behind the E-2 visa is speed of application, I hope to change the type of visa if we decide to stay.
Oct 17th 2004, 9:30 pm
#11
Arrogant ****
Joined: Jan 2004
Location: Plano, TX
Posts: 4,323
Re: Denver on a E-2 employee visa.
Originally Posted by scan
Sorry dbj1000, just read your last reply, not an investor just an employee, the thinking behind the E-2 visa is speed of application, I hope to change the type of visa if we decide to stay.
What I'm not sure of is whether you can be sponsored for Permanent Resident status by a UK-owned company, and whether your wife could work on an accompanying E visa.
Oct 17th 2004, 9:41 pm
#12
Just Joined
Thread Starter
Joined: Oct 2003
Location: Holland Landing, ON
Posts: 29
Re: Denver on a E-2 employee visa.
Originally Posted by dbj1000
That all makes sense now. You have to have been working for a company for some period of time (2 years?) in the UK before they can transfer you to their US operations on an L1 visa.
What I'm not sure of is whether you can be sponsored for Permanent Resident status by a UK-owned company, and whether your wife could work on an accompanying E visa.
What I'm not sure of is whether you can be sponsored for Permanent Resident status by a UK-owned company, and whether your wife could work on an accompanying E visa.
Thankfully the British company also has close links with a US owned company which has offered to help out with sponsorship if required; my main concern is that the E-2 visa is non-resident which may cause problems with my children being accepted into a local school.
Oct 17th 2004, 9:56 pm
#13
Just Joined
Thread Starter
Joined: Oct 2003
Location: Holland Landing, ON
Posts: 29
Re: Denver on a E-2 employee visa.
Originally Posted by Englishmum
Yes I agree that the visas will most likely be L1 and the L2 for dependants.
If your children have L2 visas they can attend the local public (state) school at no extra charge.
If you are being paid in the US and not via the UK then no, you are not liable to pay UK income tax. However, if you are renting out a property in the UK and after certain deductions (management fees, repairs, personal allowances) make a profit, then you may have to pay tax to the Inland Revenue.
Strongly advise that all UK income is paid into an offshore account; ie. if you have a current account with say, Barclays Bank or Lloyds TSB, just ask to transfer your account to their offshore centres in the Channel Isles or the Isle of Man. You can get all the info for most UK banks and building socities offshore from here:
http://www.expatinvestor.com (go to the advertisers links in the drop-down column on the left).
If your children have L2 visas they can attend the local public (state) school at no extra charge.
If you are being paid in the US and not via the UK then no, you are not liable to pay UK income tax. However, if you are renting out a property in the UK and after certain deductions (management fees, repairs, personal allowances) make a profit, then you may have to pay tax to the Inland Revenue.
Strongly advise that all UK income is paid into an offshore account; ie. if you have a current account with say, Barclays Bank or Lloyds TSB, just ask to transfer your account to their offshore centres in the Channel Isles or the Isle of Man. You can get all the info for most UK banks and building socities offshore from here:
http://www.expatinvestor.com (go to the advertisers links in the drop-down column on the left).
Oct 18th 2004, 4:51 am
#14
Account Closed
Joined: Mar 2004
Posts: 2
Re: Denver on a E-2 employee visa.
You may have the wrong Visa, so the E2 questions are irrelevant.
E2
http://www.usembassy.org.uk/cons_web/visa/niv/e.htm
Maybe the E2 would work if you were coming over to set up a new operation??? But that is not quite how you describe it.
L1
http://www.usembassy.org.uk/cons_web/visa/niv/work2.htm
Anyway it sounds like you have secured a possible job with the US company connected with the UK company. And that you will be employed directly by them on their US payroll?
The L visa has certain obligations regarding minimum time that you have been employed by them.
The obvious one is the H but the allocation this year has been used up.
I think you need to go back and find exactly what they have in mind Visa wise, sounds stupid but the US is a pain to get into.
Are they being advised by a Lawyer who specialises in the area?
Nothing to do with FastTrack is it?
E2
http://www.usembassy.org.uk/cons_web/visa/niv/e.htm
Maybe the E2 would work if you were coming over to set up a new operation??? But that is not quite how you describe it.
L1
http://www.usembassy.org.uk/cons_web/visa/niv/work2.htm
Anyway it sounds like you have secured a possible job with the US company connected with the UK company. And that you will be employed directly by them on their US payroll?
The L visa has certain obligations regarding minimum time that you have been employed by them.
The obvious one is the H but the allocation this year has been used up.
I think you need to go back and find exactly what they have in mind Visa wise, sounds stupid but the US is a pain to get into.
Are they being advised by a Lawyer who specialises in the area?
Nothing to do with FastTrack is it?
Oct 18th 2004, 5:55 pm
#15
Just Joined
Thread Starter
Joined: Oct 2003
Location: Holland Landing, ON
Posts: 29
Re: Denver on a E-2 employee visa.
Originally Posted by Boiler
You may have the wrong Visa, so the E2 questions are irrelevant.
E2
http://www.usembassy.org.uk/cons_web/visa/niv/e.htm
Maybe the E2 would work if you were coming over to set up a new operation??? But that is not quite how you describe it.
L1
http://www.usembassy.org.uk/cons_web/visa/niv/work2.htm
Anyway it sounds like you have secured a possible job with the US company connected with the UK company. And that you will be employed directly by them on their US payroll?
The L visa has certain obligations regarding minimum time that you have been employed by them.
The obvious one is the H but the allocation this year has been used up.
I think you need to go back and find exactly what they have in mind Visa wise, sounds stupid but the US is a pain to get into.
Are they being advised by a Lawyer who specialises in the area?
Nothing to do with FastTrack is it?
E2
http://www.usembassy.org.uk/cons_web/visa/niv/e.htm
Maybe the E2 would work if you were coming over to set up a new operation??? But that is not quite how you describe it.
L1
http://www.usembassy.org.uk/cons_web/visa/niv/work2.htm
Anyway it sounds like you have secured a possible job with the US company connected with the UK company. And that you will be employed directly by them on their US payroll?
The L visa has certain obligations regarding minimum time that you have been employed by them.
The obvious one is the H but the allocation this year has been used up.
I think you need to go back and find exactly what they have in mind Visa wise, sounds stupid but the US is a pain to get into.
Are they being advised by a Lawyer who specialises in the area?
Nothing to do with FastTrack is it?
Anyway it sounds like you have secured a possible job with the US company connected with the UK company. And that you will be employed directly by them on their US payroll?
Correct, I will be on the US payroll.
The L visa has certain obligations regarding minimum time that you have been employed by them.
I don’t think an L visa is an option as I don’t currently work for the company.
I think you need to go back and find exactly what they have in mind Visa wise, sounds stupid but the US is a pain to get into.
I think the E-2 visa is the only option at this stage due the fact that we plan to be in Denver by August next year.
Are they being advised by a Lawyer who specialises in the area.
Yes
How do you find living in Colorado, we plan to live in the Louisville area (hopefully).
We have just returned after spending most of September in Denver, had some great experiences driving around the Rocky Mountain National Park etc.