EEA family member complex situation

[melabd]

hello everyone

i have been watching your website from time to time to find situation similar like mine but i couldn't find clear answer please if anyone know solution for my situation please don't hesitate to help and the information you provide it could be helpful for somebody else

what happend is :
i'm a non EEA married to EEA ( Lithuanian ) we married march 2011 , my wife she came to UK July 2011 and she was pregnant that time she was working in UK after that i applied for EEA family permit i came to UK march 2012 i applied for EEA residence card i got it for 5 years and my wife stopped working couple of months during sitting with my daughter and nursing her after that in 2014 things gone wrong between us and we decide to separate but not divorce and she applied for single mum benefits that time and after that i decide to go in another relationship with another lady from England ( current partner ) which i have
British son from her but still legally married with the EEA lady and visiting my daughter regularly , and my EEA wife working full time now my residence EEA family member is about to expire i have to renew my residence as soon as possible what type of residence i'm entitled to apply for ? is retained-rights-of-residence apply to me even if i'm not divorced ? or i can apply for permanent residence card ? please could you help my to find solution to my problem ?
thank you so much in advance

[Obie]

It may help if you divorce and you apply for retention. It seems there may be break in her residence, so it is unlikely that you may have acquired Permanent Residence status, seen as she was on lone parents benefits.

[melabd]

It may help if you divorce and you apply for retention. It seems there may be break in her residence, so it is unlikely that you may have acquired Permanent Residence status, seen as she was on lone parents benefits.

thank you Obie the problem is i have to renew my residence before September finish and i can't divorce her that quick

[Obie]

Depend on your area of residence, some divorce unit are quicker and some are slower.

You could apply as a family member is she is a qualified person, and maybe upgrade later. Perfectly accepted.