Living in the United States - Residency Issues

The first thing you must do when buying your dream home in Florida is to think about the residency issues. For UK nationals fulltime retirement to Florida is not possible under current US immigration law. However, there are many ways in which you can enjoy semi-permanent retirement, fulltime 'temporary' residence and even full consecutive years in your Florida dream home whilst remaining a UK resident. We also offer tips on which routes are best for obtaining permanent residency with the all important" Green Card", ultimately allowing you to spend 100% of your time in Florida as a non-immigrant.

If you are just about to move to Florida check out the rules for applying for a Green Card. If you do not qualify, then you'll need to enter the United States on an Immigrant Visa. If you want to obtain permanent residency in Florida you'll need to choose a visa that is predisposed to fast-tracking you towards gaining your Green Card. Some visa types will allow you to apply for a Green Card almost straightaway, and others may not allow you to obtain a Green Card for another 3-5 years. The type of visa you need to apply for and your eligibility for permanent residence in Florida is wholly dependent upon your intentions once you are in the United States.

2nd Homes/Holiday Homes - If you intend to spend up to 90 days in two 'instalments' (so 180 days total each year) in Florida at a home that you have purchased and you do not intend to work during this period then you are unlikely to need a visa as you will probably qualify for the Visa Waiver Program introduced in 2000. If you intend to stay for longer than the two 90 day periods, a B-2 Visa must be obtained. This allows you to stay for a period of between 90 days (3 months) and 6 months. B-2 visas can also be extending for a further 6 months if required. B-2 visas also allow you to change your status and apply for a Green Card, or permanent residency card (PRC) as they are known.

Relocating to Florida to Work - If you are moving to Florida to work as an employee then you must have a full offer of employment from a US based company. The US company should be able to obtain your temporary visa and start proceedings for you to be issued with your Green Card.

Relocating to Florida to Start up a business - If you have "substantial" monies to invest in a start-up venture (c. $500,000) and can prove that you will employ at least 2 U.S. citizens, plus make a "substantial" profit then you might be eligible for an E-1 or E-2 visa, which can lead to a Green Card. These visas are renewable annually so you will need to be able to sustain the business year-on-year until you receive your Green Card.

If you have an existing business in the UK and wish to relocate it to Florida then you can do this on an L-1 visa, providing that you can sustain a branch in the UK and prove that a good volume of business is taking place between the US and UK branches in your business.

For those who are intending to buy several properties in Florida with the intention of living there and renting the other properties out to create an income, the E-1 and E-2 visa routes are likely to be closed. This is because your rental income will be construed as "passive" income. If you want to do this it is best to set yourself up as a company in the UK and assign its 'official' running to at least 2 residents in the UK that will make up your UK headquarters. You'll also need investments in the UK attached to the business with income being generated from them to show that it is a real UK business. You can then move out to Florida on an L-1 visa to set up a new office on a full or part-time basis and start the process for obtaining your Green Card, which is fast-tracked for L-1 visa holders. Any family members you take with you will need an L-2 visa and they will be eligible to stay for as long as you maintain L-1 status. L-2 visa holders may apply for legal permanent residence also. This route also applies to anyone looking to move to Florida to 'expand' their existing business whilst leaving an operating base in the UK.

If your business is solely based in the UK you may be eligible to enter Florida on a B-1 visa with the intention of making investments in real estate for your UK company. In this case you will be able to stay from 6 months - 1 year with extensions granted in 6-month increments. Spouse and dependants must have a B-2 visa. From a B-1 you may also change status to another visa to make it possible for Green Card application.

Another alternative option is to buy a business for sale in the US, making you eligible for an E-1 or E-2 visa.

Relocating to Florida to retire or to run a small business wholly from Florida - Fulltime retirement is not possible under US immigration laws at present. You can spend up to half a year (180 days) in Florida on either a continuous B-2 visa (and in some cases this can be extended for a further six months technically making it possible to remain in Florida on an almost-permanent basis), or by using two smaller chunks of 90 days without a visa. These are the preferred options of many homeowners already in Florida spending their 'winter' months in +70F temperatures and then returning to the UK in the summer.

For running of a small business you can gain entry to the US on a B-1 visa which can be issued for a period of 6 months-1 year, and extended in 6-month increments. Your business though should be based in your home country and you are strictly forbidden to set up a US company or to work for an employer in the US on this visa. If you want to do this you must go through the L-1 visa route. Spouse and dependants of B-1 visa holders must obtain their own visas (normally B-2 visas). With a B-1 visa you must at all times maintain property in your home country, but you may also apply to change your visa status at any time to enable you to apply for a Green Card.

THINK! Before you start looking for your dream home in Florida we strongly suggest that you carefully plan how you are going to cope with the stringent US immigration laws. Sadly, it is not just a matter of getting on a plane and moving in!

Please note: 1st-for-florida-property.co.uk and its affiliates are not qualified to offer professional immigration advice. Before you purchase your property please seek expert counsel.