Non EEA family member PR card (complicated case)

[Amrbt]

Hi everyone,
I am new on this forum. Need help and guidance on my case.

I am married to EEA national in March 2011 in Cyprus
Moved to UK in December 2012
Applied for residence card and received it in April 2013 that is valid till April 2018
We have one son who born in December 2010 before marriage.

Wife had miscarriage in year 2015 that brought problems in relation and Wife applied for divorce in march 2016 and case is still in court.

We live separate but I always go there to visit my son. I HV still very good relations with my wife coz of our son.

My wife is pregnant and we are expecting a baby girl next month although I live separate but this happened.

Requested my wife to cancel the divorce and let's live again as family coz we will have 2 kids but she refused. She says we can be good friends but not husband n wife. I don't HV restrictions to c my son or to take him anywhere with me.

That were my story and circumstances.

Now I have few issues/questions regarding my permanent residence card;

When exectly can I apply for PR card since we moved to UK in December 2012. Can I apply b4 December 2017…

Will I apply together with my wife as family member or alone as ex family member or separated ...... (pls note I don't have any problem getting any document or passport from my wife to support my case or to apply together with her)

Please also note that divorce is in court and we didn't hear from court since I sign the documents n sent back to court.

These are two questions for now.
Thanks in advance fot your help and support.

Regards
Amrbt

[secret.simon]

Can I apply b4 December 2017

No.

You are still husband and wife (or would it be better to say spouse 1 & spouse 2 now?) till the decree absolute is issued by the court.

You will need proof that your wife has been exercising treaty rights throughout the five years that you are claiming for PR.

[Amrbt]

Thanks for the answer..

Any other suggestions please coz I feel my case is complex.....

Regards
Amrbt

[Obie]

Unfortunately love is not something that one can force. Ideally it will be nice if she decides to stay with you and make the family work. However if she does not, you will need to move on, you cannot force things, or you will live a life of total misery which will be unhealthy for you, your wife and children.

Simon is a very competent person and the advise he gave seems sound.

Provided she is still a qualified person and has not broken her continuity of residence, you will secure PR, upon your 5th year residence in the UK.

[Amrbt]

Thanks for the answer..