# Canadian resident applying for E2 investor visa on British passport



## arsboy007 (Dec 4, 2021)

Hi everyone!

I am a expat residing in Canada for 4 years. I have a real estate rental/renovation company in US for 5 years now and since I live on the border, I am able to travel back and forth but there's limited stuff I can do while I am there. Hence, I've been looking to apply for an E2.

I know in order to apply for E2, I have to be a UK resident and I am unable to apply from the US consulate in Toronto. My Canadian citizenship has been applied but is almost 18 months away due to covid timeframes.

1) Has anyone applied for inland E2? like converting status? I have heard that on that you're not allowed to leave the country or your status expires and that it's valid for 2 years instead of the 5 years that you get through consulate.

2) Anyone knows any good lawyers in Ontario, Canada or Michigan who you may have used for your E2 application?

Thank you


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## Moulard (Feb 3, 2017)

You have it slightly wrong on many counts.

First, you don't need to be a resident of a treaty country, you need to hold a citizen of a treaty country. So if you hold a UK passport, that will suffice.

According to the USCIS you can file for a change of status to E-2 from within the US if you are there in a lawful non-immigrant status - the business you are investing in (the qualifying employer) may file Form I-129 to request a change of status to E-2 classification on your behalf.

You would obviously have to meet the general qualifications for an E2 visa

Second, I am not aware of any requirement for an applicant to apply for the visa in the country which they hold citizenship, and given Canada is a treaty country in its own right, its citizens can apply for an E1 or E2 visa. 

The only thing to be aware of is that if applying from within Canada, first-time applicants and those wishing to renew the registration status of their E-visa company must apply in Toronto rather than any of the consulates.

Finally, E2 visas are valid for a period of five years (how long they are valid is not conditional on where or how you apply as far as I am aware) and can be renewed with two-year extensions as long as you maintain the necessary qualifications. Additionally, once the visa is granted there are no travel restrictions imposed. USCIS also doesn’t specify the amount of time you can stay abroad before having to return.


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## arsboy007 (Dec 4, 2021)

Moulard said:


> You have it slightly wrong on many counts.
> 
> First, you don't need to be a resident of a treaty country, you need to hold a citizen of a treaty country. So if you hold a UK passport, that will suffice.
> 
> ...


Thank you for your message, so I was told by a couple of lawyers that since I’m a British citizen, I can’t apply E2 for US consulate in canada. So I ended up emailing the consulate and this is the response I received:

“Furthermore, for UK National please be advised that in order to qualify for the E-2 visa, a UK national needs to demonstrate that he/she resides permanently and in a UK territory. If he/she is not domiciled in a British territory in Europe at the time of the application, he/she may not meet the requirements of the treaty.”

I am not a citizen of canada yet and the only option I seem to come around again and again is the inland application which means E2 for 2 year period instead of the 5 year term from the consulate.

So you think I can do inland and still be able to leave the US to visit any country I like or will the E2 status expire as soon as I depart and will need to reapply on return ?


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## Moulard (Feb 3, 2017)

Yeah.. sorry.. Its a feature of the UK treaty - It was specifically written to to exclude British Subjects living in her Colonies and Dominions.

This is not a feature of most of the treaties, which is why I did not think to check..

For the record, the Convention, which was 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. Inhabitants as used in the Convention, means "*one who resides actually and permanently in a given place, and has his domicile there.*" 

You are probably out of luck luck until you could apply as a Canadian or chose to return to the UK and could apply from there.


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## DKTT (2 mo ago)

Hi, I am a Canadian Citizen and would like to apply for E2 Visa, do we have to buy a property to get an E2 Visa or we can buy a business only?


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## Crawford (Jan 23, 2011)

E-2 Treaty Investors | USCIS


The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation, or with which the United States main



www.uscis.gov





Investment in business.


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