Advice on PR or ROR ?

Hi Gurus

I need some advice I am going through bit difficult situation I dont know what to apply PR or ROR because we been married for 4 years. I got my Resident Card on October 2011, and expired in October 2016 and we married in July 2011. Our relationship is not going well and I have 8 month old daughter (British Citizen). Currently my wife is on maternity and it will finish by September 2015 and after that she would like to go her country back with my daughter. Now in this situation please advice me what is the best option for me to retain my stay in United Kingdom. We both are trying to keep our relationship happy but just not working out due to my wife depression. She is getting upset very quickly and aggressive too. I tried so many times to calm her down but every other day she is upset for small reason and getting very aggressive. We are not divorced yet but we are working on it, we also have house under both name and paying mortgage.

My wife already received her PR card on December 2014 since then she is on maternity, Now my question is if we divorce in couple month will I able to apply ROR ? or Can I wait until 5 years for PR. Once she left the country it is hard for me to get in touch with her.

Thank you and I am hoping to hear some advice on my situation.

If your marriage has broken down , then you may wish to consider divorce, but that is a big step and you ought to be sure that it is what the 2 of you wants.


You may be able to apply for Retention after divorce but not PR.

Hi Obie
Thank you for reply but my wife will not work anymore and she plan to go back to her country with my daughter, We still not started divorce procedure. If we both start divorce procedure it will take atleast 6 month to complete and my wife is not actively working at the moment but she has PR card. If I apply on the basis of divorce Will I able to get resident permit for 5 years under retention of right ?

My concern is my wife is not working so she will be not exercise treaty right and I have to show the evidence that she actively working in United Kingdom.How can I secure retention of right under EU rule.

My EU resident card valid until October 2015

Please advice me on this issue, Thank you and hoping to hear some advice.

Should be able to secure residence if divorce is filed before her departure.