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Karlam

E2 visa and benefits?

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Filed: Timeline

If you work, are self-employed and receive a regular income from the self-employment, but do receive some UK benefits that you are entitled to receive, like Housing benefit, and some Council tax reduction, would that hinder an E2 application being accepted regardless of how good the investment/business plan may be, because of concern about being seen as a public charge if you were awarded the E2 visa? Even if you do work? Would the fact that you are receiving some benefits even be looked at?

Edited by Karlam
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Filed: K-1 Visa Country: Wales
Timeline

Well it is not normal for someone looking to make a significant investment in the US also to be able to claim benefits, but it is not in itself a block.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
Timeline

I would ask the lawyer handling your application.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Timeline

While it is not an absolute block to an E2 visa, it will likely generate additional questions.

Part of an E2 visa application is documenting a "substantial" investment has already been made and the source of the funds used to make that investment. The funds have to have been under your control prior to the investment; a sudden bank deposit of the amount that was then invested would need a really good explanation, for example. You need to be able to documeent that you meet those requirements.

Also, you have to document that the business investment will provide more than enough income to support the applicant (and family, if you have one). If you are self-employed in one country (essentially, you are a businessman already) and qualify for low-income support (assuming that's what you are getting...sorry if that is wrong), that suggests that the business you are conducting currently is not sufficient to support you. There might well be questions asked about how you will suddenly generate more income in a new business, in a new country where you will have incurred the expense of an international move, after you have met all of the start-up costs associated not only with a new business but also with establishing a new home.

You need to be prepared to answer tough questions like that with your applications. If you can, you shouldn't have a problem.

Edited by jan22
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Filed: Timeline

While it is not an absolute block to an E2 visa, it will likely generate additional questions.

Part of an E2 visa application is documenting a "substantial" investment has already been made and the source of the funds used to make that investment. The funds have to have been under your control prior to the investment; a sudden bank deposit of the amount that was then invested would need a really good explanation, for example. You need to be able to documeent that you meet those requirements.

Also, you have to document that the business investment will provide more than enough income to support the applicant (and family, if you have one). If you are self-employed in one country (essentially, you are a businessman already) and qualify for low-income support (assuming that's what you are getting...sorry if that is wrong), that suggests that the business you are conducting currently is not sufficient to support you. There might well be questions asked about how you will suddenly generate more income in a new business, in a new country where you will have incurred the expense of an international move, after you have met all of the start-up costs associated not only with a new business but also with establishing a new home.

You need to be prepared to answer tough questions like that with your applications. If you can, you shouldn't have a problem.

Thanks. The thing is with UK benefits, even if you are a multi millionaire you are probably likely to be eligible to receive some kind of UK benefit and many very wealthy people in the UK I think do receive some benefit or another. Of course though, they are unlikely to be dependent on any benefit. There are non-millionaires, but with what are seen by most people as probably good jobs, who also receive some benefit.

If the source of funds for the investment into the US, didn't come from any of the benefits, would being on some benefits need to be mentioned, and also whether mentioned or not, whether you have been or are currently on some benefits be investigated by the immigration attorney and/or other officials who decide whether you can get the E2 visa?

Edited by Karlam
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Filed: Timeline

Thanks. The thing is with UK benefits, even if you are a multi millionaire you are probably likely to be eligible to receive some kind of UK benefit and many very wealthy people in the UK I think do receive some benefit or another. Of course though, they are unlikely to be dependent on any benefit. There are non-millionaires, but with what are seen by most people as probably good jobs, who also receive some benefit.

If the source of funds for the investment into the US, didn't come from any of the benefits, would being on some benefits need to be mentioned, and also whether mentioned or not, whether you have been or are currently on some benefits be investigated by the immigration attorney and/or other officials who decide whether you can get the E2 visa?

Depends on the course the interview takes. If the source of the funds, for example, is your savings, the officer might find it difficult to understand how you could have saved XX amount based on your earnings. He/She might then ask how you managed it and you would have to acknowledge the benefits you received. (This is just an example of how it might come up; there are other courses of inquiry, of course). I certainly would not recommend that yyou go to any length to conceal it, as that might cause you to appear nervous and cause the officer to not trust anything you present.

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