Brazilian on EEA family permit - Divorce

Hi there,

First of all I'd like to say that I used this forum around 4 years ago when I came to the UK and it was very helpful. I hope you guys can help me again.

I am Brazilian and my wife is half Brazilian half Hungarian (she has a Hungarian passport). We met in Brazil and have been together for 9 years. We got married in Brazil in 25/06/2005. She came to London to do a master in September 2005 and I got here in December 2005. I am here on a family permit which is valid until 12/09/2011.
After finishing her masters she got a full time job in a big company and have been working there since 2007.
I am a freelancer photographer and am registered as self-employed since mid 2006. I've been invoicing my clients and doing my tax return since then.
This is all very sad but at this moment our relationship is not going well and we are probably going to divorce.
After so many years living here and investing in my business I feel that London in my home. I don't want to go back to Brazil if I can stay here legally.
Someone told me that if a non-EEA national divorces an EEA national after 3 years of marriage and at least one living here, he might be able to retain the his right of residence. This sounds to be my case but I have many questions about it:
1) Because she is Hungarian (one of the last countries to join the EEA) and I am Brazilian does it apply to me? Can I stay here legally if we divorce?
2) If yes, how do I proceed?
3) What kind of documents I would need to provide?
4) How long does the process usually take?
5) What kind of visa would I have after?
6) What things would I have ask my wife for during the process?

Once more, many thanks for all your help.

Hi,

You will automatically acquire Permanent Residence in December 2010. It this time, you can apply for your Permanent Residence Card (optional, but recommended).

You should state that you are divorced if that is the case, and should supply evidence that your spouse was exercising Treaty rights in the UK at the time of your divorce. The cooperation of your spouse is required.

HI Benifa,

Thanks for your answer but I still don't know how to proceed.
We are going to divorce.
When that happens what should I do? Nothing and wait until December 2010? Or do I need to apply for another visa?
What kind of cooperation is required from her?

apenteado wrote:HI Benifa,

Thanks for your answer but I still don't know how to proceed.
We are going to divorce.
When that happens what should I do? Nothing and wait until December 2010? Or do I need to apply for another visa?

What kind of cooperation is required from her?

i feel for you, i posted more or less the same message couple of days ago:

eventuality 1:
if you start divorce proceedings and according to the gurus in this forum, you can apply to Retain your rights proving that you have been married with your spouse for at least 3 years and she has been exercising her treaty rights sending decree absolute, and then for the remaining years (till 2010) you yourself need to be exercising treaty rights so you can applly for PR in 5 years time.

Eventuality 2:

what if you dont divorce till 2010 and your wife would still be happy to provide you with all her documentation in 5 years time.... i want to know this myself as it is a bit of a grey area.

please keep us posted with your updates