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hi,, I am non eu national married to eu national:
Got married in june 2011.
got eea2 in oct 2011.
baby born in mar 2013. (now he is only 3 months)
Now due to some personal reasons we can't tolerate each other and want divorce... since we got married both living together in uk for more than 2years and working full time, but from feb 2013 my wife stopped working and got her maternity leave til dec 2013 to look after the baby.
I have heard about ROR on the basis of child. Could i apply on that basis?? Can someone please explain it that what documents would i need? when should i apply?? And if i get my ROR on the basis of child would i be able to apply for my PR later on???

Your wife has just given birth 3 months ago, don't you think you should at least give your relationship some time. New mothers tend to be prone to PND after giving birth. This could be the reason for the problems in the relationship.

You may be able to retain you right on the basis of your child, provided there is a court order saying the child should be in the UK, and access should take place in the UK. If she left, then your retention of residence may be affected.

Obie wrote:Your wife has just given birth 3 months ago, don't you think you should at least give your relationship some time. New mothers tend to be prone to PND after giving birth. This could be the reason for the problems in the relationship.

You may be able to retain you right on the basis of your child, provided there is a court order saying the child should be in the UK, and access should take place in the UK. If she left, then your retention of residence may be affected.

Ok thanks obie.