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I am quite confused and am not sure what to do, hope someone can help me.

will try and explain my case... I am a non-european (brazilian) who have had a civil partnership to an european (italian) in april 2007, been married and living together for over 3 years but recently split up and he left the house.

Now i am looking to apply for the divorce and residence card. I have been advised to go ahead with the divorce and once i have the certificate which could take up to 6 months i can then apply for a residence card because i was married with an european for over 3 years. On the uk border agency website doesnt explain anything about my case it only says if you are a non european wanting to apply for residence card you should use form EEA2, on the form there are several documents from the european person which i need to present such as: passport, statements and etc. Now because im gonna be applying after the divorce do i still need to present these documents ? or are my documents, the divorce certificate and a letter explaining my situation enough? What should i do in order to have a successful application ?

I appreciate your time and help.

Thank you !

what document(status) had you prio to seperation? under the derectives, if you are a family member of eu citizen who excersing his or her right in another eu country, you are entitle to a resident card under eu directives. if you have already residence card 3 years before seperation or divorce and you are working, then you would be allowed to stay, but if you dont have residence card yet, in your case your application will be refused. You may stay in another ground(ie if you have another ground to stay) but not as a family member of eu citizen.

In all cases you need your ex's cooperation. I.e. Evidence that he was exercising treaty rights up to the time of divorce otherwise you are in for a trouble

After divorcing your spouse, you would need to apply for retaining rights of residence. For that you would need the following documents atleast if not more.
1.Decree Absolute
2. Proof of divorce initiation after 3 years of marriage
3. EEA nationals proof of exercising treaty rights over the whole time you were married Specially from the initiation until grant of decree absolute.
4. Proof of what you have been doing in the UK also helps.
5. If you have never applied for a RC before the divorce, then the HO would need to see the Passport or identification of the EEA national, without which the RC would not be granted
6. Proof of co-habitation
lastly provide as much information as you can to make your case stronger, the inofmration however should be relevant to what you want to prove.

tavalente wrote:I am quite confused and am not sure what to do, hope someone can help me.

will try and explain my case... I am a non-european (brazilian) who have had a civil partnership to an european (italian) in april 2007, been married and living together for over 3 years but recently split up and he left the house.

Now i am looking to apply for the divorce and residence card. I have been advised to go ahead with the divorce and once i have the certificate which could take up to 6 months i can then apply for a residence card because i was married with an european for over 3 years. On the uk border agency website doesnt explain anything about my case it only says if you are a non european wanting to apply for residence card you should use form EEA2, on the form there are several documents from the european person which i need to present such as: passport, statements and etc. Now because im gonna be applying after the divorce do i still need to present these documents ? or are my documents, the divorce certificate and a letter explaining my situation enough? What should i do in order to have a successful application ?

I appreciate your time and help.

Thank you !