Do I need to tell the home office Im divorced?

[ea1]

Hello everyone;

I'm half brazilian half italian and I married a brazilian in feb/2007 and in nov/2008 we sent all his docs to HO to apply for his visa but in feb/2008 we couldnt hold our marriage and we broke up he moved out. We got married in brazil and I have to wait at least 2 years from the date we got married to get divorce. As soon as I get divorce do need to tell the Home Office?

Many thanks

[Morpheo]

Since he is a dependant on your status I would say yes, however, I don't see anything mentioning that you are legally obliged to do so.

In the other hand, he is legally obliged to inform the Home Office about the change of circumstances but only till the marriage has been finalised and you have a decree absolute untill then he is still legally in the UK as a family memeber of a EU resident.

He will also retain his right of residence if the marriage lasts 3 years with one year lived in the UK.

So if you were married on feb/2007 he will retain the right of residence on Feb/2010 unless the divorce is final before Feb/2010.

He will also need to prove that you were exercising the treaty right at the time of the divorce.

I hope this helps

M

[ea1]

Many Thanks

[SunBlue]

You don't need to file for a divorce in Brazil. As both are living in the UK, you can get a divorce from here and later bring the paperwork to the Brazilian consulate to get it legalized.