# Retiring to florida



## Broomie (Aug 7, 2010)

If I wanted to retire to the US, Florida specifically, what is the longest period I could spend in the States? Can I stay permanently or would I have to leave for a time every year?

Thanks,

Clive


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## Crawford (Jan 23, 2011)

Broomie said:


> If I wanted to retire to the US, Florida specifically, what is the longest period I could spend in the States? Can I stay permanently or would I have to leave for a time every year?
> 
> Thanks,
> 
> Clive


In order to live in the States on a permanent basis you need to have a visa. Unfortunately, there is no retirement visa available.

Most people visit the States on the VWP (waiver program) and that allows up to 90 days. Since you are retired and therefore are not looking for work etc., you could do better and apply for a B-2 visa which can allow up to a 180 day stay. A lot of retired folks who have vacation homes in Florida do this.

You of course, will always have to return home after the 180 days - and it is advisable to remain out the States for a few months before returning again.


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## Broomie (Aug 7, 2010)

Crawford said:


> In order to live in the States on a permanent basis you need to have a visa. Unfortunately, there is no retirement visa available.
> 
> Most people visit the States on the VWP (waiver program) and that allows up to 90 days. Since you are retired and therefore are not looking for work etc., you could do better and apply for a B-2 visa which can allow up to a 180 day stay. A lot of retired folks who have vacation homes in Florida do this.
> 
> You of course, will always have to return home after the 180 days - and it is advisable to remain out the States for a few months before returning again.


Crawford, thanks for that. Is it 180 days in any one year? How long would I have to stay out of the states before I could return? Sorry, another question how easy is a B-2 visa to get?

Thanks,

Clive


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## Crawford (Jan 23, 2011)

If you stay for longer than 180 days that potentially brings to into the remit of paying taxes in the US - so, yes, its up to 180 days in any one year.

The rule of thumb is to stay out of the States for as many days as you are in the States. If you go for a three month trip, remain out for approx three month etc etc.

I like this description of an Immigration officer's discretion:

_Under section 214(b) of the Immigration and Nationality Act, a foreigner must prove to the satisfaction of the Consular officer his or her intent to return to his home country after visiting the United States. The act specifically states:
“	Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15)	”
[9]
In practice, this means that consular officers have wide discretion to deny a visa application. Once refused, there is no judicial or other means to challenge a visa decision. The foreigner, however, is free to apply for a visa again, particularly if circumstances have changed that might show to the consular officer that the applicant overcomes the presumption of being an intending immigrant. [10]_

If you are of retirement age, obtaining the B-2 is easier than for younger folks.


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