E-2 Visa for UK Citizens: Eligibility and the Residence Condition

British citizens can get the E-2 treaty investor visa: the United Kingdom has held E-1 and E-2 status under the Convention of July 3, 1815, and British nationals received 2,720 E-2 visas in FY2024. Unlike most treaties, the UK treaty carries a residence condition in the Foreign Affairs Manual, so where you live matters as well as your passport.

Is the United Kingdom an E-2 treaty country?

Yes. The treaty table in 9 FAM 402.9-10 lists the United Kingdom for E-1 and E-2, with the Convention entering into force on July 3, 1815, one of the oldest entries on the list. The UK is therefore one of the most established E-2 nationalities, and British investors have used the visa for generations to buy and run U.S. businesses.

What is the UK residence condition?

Footnote 10 to the treaty table explains that the Convention applies only to British territory in Europe (the British Isles except the Republic of Ireland, the Channel Islands and Gibraltar) and to “inhabitants” of that territory. The FAM defines an inhabitant as someone who resides actually and permanently in a place and has their domicile there. The same footnote says the applicant must be a national of the United Kingdom, and that nationals of other Commonwealth countries do not qualify under this treaty.

What this means in practice:

Your situation	How the UK treaty likely applies
British citizen living in England, Scotland, Wales or Northern Ireland	The typical qualifying case
British citizen living in the Channel Islands, Isle of Man or Gibraltar	Covered territory under the footnote
British citizen who has lived in Dubai, Spain or Australia for years	Residence and domicile may be questioned; get attorney advice
Commonwealth citizen with UK settled status	Does not qualify through the UK treaty
Irish citizen	Uses the separate Ireland treaty
Dual British and other treaty national	Can choose either nationality for the E-2 case

How strictly individual posts apply the inhabitant condition to British citizens living abroad can vary, and we do not treat this as settled for any specific case. If you are a British citizen living outside the UK, discuss the condition with your attorney before you invest. A dual national living abroad may find another treaty nationality simpler.

How many E-2 visas do British nationals receive?

Nationality (Europe)	E-2 visas, FY2024
Germany	3,902
France	3,574
United Kingdom	2,720
Italy	1,531
Spain	1,438

Europe as a whole received 17,272 E-2 visas in FY2024. The UK figure includes investors, E-2 employees of British-owned U.S. companies and family members.

E-2 requirements for British investors

The rules come from INA 101(a)(15)(E)(ii), 8 CFR 214.2(e) and 9 FAM 402.9 and apply to every nationality:

• At least 50% British ownership of the U.S. business, with you holding at least 50% or operational control. See E-2 ownership rules.
• A substantial investment measured against the total cost of the business. There is no legal minimum; read E-2 minimum investment.
• Funds at risk and committed, with a documented lawful source.
• A real, active, non-marginal business that can do more than support your family, generally within five years.
• Intent to depart the U.S. when your status ends.

Our E-2 requirements guide covers each one in detail.

How do British citizens apply in London?

UK residents apply through the U.S. Embassy in London. Follow the embassy’s E visa instructions exactly, because posts set their own rules for package format, page limits and scheduling. The general sequence:

1. Form DS-160 for each applicant. The principal investor answers the E-specific questions in the DS-160; E-2 employees also file Form DS-156E.
2. The $315 MRV fee per applicant and any reciprocity fee shown for the UK.
3. A tabbed, indexed E-2 evidence package with the business plan.
4. An in-person interview. Interview waivers were narrowed in 2025.

Since September 6, 2025, applicants generally must apply in their country of nationality or legal residence. Visa validity is set by the reciprocity table for the UK; check it on travel.state.gov when you apply. Each admission gives up to two years, renewable.

British citizens already in the U.S. in another status can change status through USCIS with Form I-129. Our application process guide compares the two routes.

Documenting UK funds

UK money is usually well documented, which helps. Typical evidence includes solicitor completion statements for property sales, share purchase agreements for business sales, P60s and payslips for salary savings, company accounts and dividend records, grant of probate for inheritance, and bank records showing the transfer from pounds to dollars. See E-2 source of funds.

Business types British investors often choose

In our experience, British E-2 investors frequently buy established businesses with the proceeds of a UK property or business sale, which makes the marginality question easier. Common choices include:

• cafes, pubs and restaurants,
• pool, lawn, cleaning and other home services,
• vacation rental management companies (not passive rental ownership, which does not qualify),
• consultancies, agencies and technology firms with U.S. clients and hires,
• franchises in fitness, education and home services.

Florida is the most popular destination for British investors in our practice, particularly Orlando, the Gulf Coast and Tampa Bay. Texas and the Carolinas are growing.

Expanding a UK company

A UK company owner can compare the E-2 with the L-1A intracompany transferee visa. The E-2 needs at least 50% British ownership and no prior employment requirement. The L-1A needs a year of employment with the UK company in the past three years and allows dual intent toward a green card through EB-1C. See E-2 vs L-1.

Family, tax and practical notes for British families

• Spouse. A spouse of any nationality receives E-2 derivative status and is authorized to work incident to status. The I-94 shows class E-2S, which is acceptable evidence of employment authorization for an employer’s Form I-9.
• Children. Unmarried children under 21 hold E-2Y status. They can attend public or private schools and universities but cannot work, and they need a new status before turning 21. Families with teenagers should plan for this early, because many British E-2 families move with children close to university age.
• Tax residence. Moving to the U.S. generally makes you a U.S. tax resident, and your UK tax residence depends on the UK statutory residence test. The U.S.-UK tax treaty affects pensions, dividends and business income. Take cross-border tax advice before you move money or sell assets.
• Health insurance. NHS cover does not follow you abroad. Budget for private U.S. health insurance from your first day in the country.
• Renewals. E-2 status can be renewed indefinitely while the business keeps operating and qualifying. Renewal evidence focuses on tax returns, payroll and continued ownership.

Next steps

If you are a British citizen planning a U.S. business, check your fit with the E-2 eligibility checker and book a consultation. We help choose or build the business, write the business plan and organize the investment evidence, and we coordinate with your independent immigration attorney, who files the case.