E2 Visa Question ?

[florida4sun]

Have I got this right, you have to buy the business wether you get a visa or not? No attorney should advise you go forward with that, it is way too risky. Many e2 applications fail. Also what appears to be a good e2 business on paper, often is not. Usually supported by unstable contracts.
It is your decision but I would not go ahead under a one sided contract.

<blockquote id="quote" class="ffs">quote:Originally posted by RichandKaz
Thanx again Blott & Julie for your guidance on this point of ours. I am using Lesley yes & we did have a point in the clause in the contract for the E2, but the seller is moving & wanted (we think more like his broker, a quicker sale pref to a USA buyer)... & the clause was taken out as they were gonna keep advertising the buisness.. & we didnt want a phone call after we had done some work that someone else had put in a higher offer or could move faster than us.
On paper (initially) Lesley says it seems like a good biz, employs 3, lots of owner benefit etc, running long time.. but we do still have a get out card in the contract if the accounts dont add up!!? Ball now starts moving tomorrow for all...
Contract was only signed last week.... what would you do ? I doubt i could change the contract now to resubmit the clause? [msnoo]

Will look out for you Julie on the other forum too ok.... [msnsmile2]
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[steph_goodrum]

" but the seller is moving & wanted (we think more like his broker, a quicker sale pref to a USA buyer"

I can't see how (unless they knew they were committing you to buying and it's your problem if you don't get a Visa), they would think it would be quicker to sell to a UK citizen with Visa etc to be approved than a US citizen who would presumably only have to arrange finance. I smell a bit of a rat here or maybe I'm being too sceptical but as Julie says I can't see why a Visa consultant would allow the clause to be removed as they are supposed to working in your interst not the seller.

[esprit]

All a ploy as well I think, Steph, as businesses sold to E2 applicants pretty much always sell at a higher price than to an American will be willing to pay as a Yank will just be looking at the figures and not the visa, chance of life in the sunshine and all that.

Martin, knowing the visa consultant concerned, and she did mine as some know, I would be very surprised if the clause was removed with her approval as you are 100 percent correct in what you say, that is why I asked Richard for clarification and why I said earlier in the thread that it almost certainly WAS in the contract. If it was removed against advice, yes bad move as you say, huge risks and unless you are still following E2 closely Martin, yuu will have no idea how much worse the situation has got and how much harder it is now than in your day, or even in mine, the word nightmare is not too strong, peoples lives are being ruined.

[Robert5988]

Those of you who have ‘been there and done that’ have, as usual, given good advice on the pitfalls of committing to buying a business before approval of an E2 visa. ‘Counting chickens’ comes to mind.

However his question was how he went about working in his business during a 90 day stay granted under the Visa Waiver Programme.

[esprit]

Well the answer to that one is that legally he doesnt, Robert! He can oversee a business usually one managed by someone else but cannot work in it, draw a salary etc and when he leaves and tries to get in again at Port of Entry the officer may well ask him what he has been doing here and suss out he isnt a bona fide tourist which would mean he may not get back in again. Very risky move.

[florida4sun]

This was answered by Julie in her first post......

<blockquote id="quote" class="ffs">quote:Originally posted by Robert5988


However his question was how he went about working in his business during a 90 day stay granted under the Visa Waiver Programme.

[/quote]

[florida4sun]

We had it bad as we got caught up in the ban on MCs but managed to wangle it through Mexico. We were on a visa waiver for along time. Back then you could do the Bahamas thing....It was very very frustrating. What really got to me was a freind on an L1 was refused renewal no reason given at all and no replies to questions. It is a terrible way to treat peoples lives.

<blockquote id="quote" class="ffs">quote:Originally posted by esprit
All a ploy as well I think, Steph, as businesses sold to E2 applicants pretty much always sell at a higher price than to an American will be willing to pay as a Yank will just be looking at the figures and not the visa, chance of life in the sunshine and all that.

Martin, knowing the visa consultant concerned, and she did mine as some know, I would be very surprised if the clause was removed with her approval as you are 100 percent correct in what you say, that is why I asked Richard for clarification and why I said earlier in the thread that it almost certainly WAS in the contract. If it was removed against advice, yes bad move as you say, huge risks and unless you are still following E2 closely Martin, yuu will have no idea how much worse the situation has got and how much harder it is now than in your day, or even in mine, the word nightmare is not too strong, peoples lives are being ruined.
[/quote]

[MarkJan]

Is this the same country we haev a "special relationship" with? It would appear that it is one way.

Best of luck with the biz though...[msneek]

[esprit]

You begin to wonder, dont you? Two problems, firstly too many Brits wanting to move here at the moment and the embassy is swamped and secondly Britain to be frank is seen as a country associated with terrorism and they dont profile applicants so we all get tarred with the same brush.

Martin, Mexico doesnt work now, I heard of someone applying to the Bahamas a couple of months ago and got E2 in a couple of weeks. Then everyone started to try and now they have said they wont deal with them anymore. You sometimes just get lucky doing it with places like that.

The world and his dog is being turned down for renewals now as well. The whole thing has become very worrying for those here as well as those applying,