about PR

[pam86x]

hello i need some advice. Actually am Non EU national. i got married in 2011 and got a EU family permit in 2013. i have 4 years old son. Unfortunately we got separated 2 years ago. and after one year i got custody for my child . And am working last six years and got my all pay slips and p60. My wife never work in last 5 years . My question is can i apply PR on the base of my child or i should apply retained right of residence first on the base of child . plz give me some advice i will be very delightful all of you

[secret.simon]

we got separated 2 years ago

Are you just living separately and legally married or are you legally divorced?

My wife never work in last 5 years

Can you give us your wife's UK immigration history? When did she arrive? How has she exercised treaty rights in the UK during her entire stay here? How long has she been absent from the UK?

can i apply PR on the base of my child or i should apply retained right of residence first on the base of child

EU law does not have the concept of PR based on right to stay with EU citizen children. You can apply for a derivative right of residence (not retained right of residence) based on your custody of your (presumably) EEA child, but that does not lead to PR. In theory, you would have to leave the UK when the child turns 18.

[pam86x]

I am non Eau national. I got
Marriage with eau national : 2011
Son birth :2012
Eau family permit ; 2013
Seprated ; 2014
Got court order to see my son in : 2017
And working last five year contineaously and treaty my rights. I got all pay slips and p60.
My question is can i apply retained right of residence on the base of my child
All advice will be very helpfull for me thanks

[pam86x]

Thanks alot for your reply , before i could not elaborate in a good way , in briefly my all case is
I am non Eau national. I got
Marriage with eau national : 2011
Son birth :2012
Eau family permit ; 2013
Seprated ; 2014
Got court order to see my son in : 2017, my wife came in uk 2010 and contineously staying here and am seeing my child in her house .but she worked only six months in 2011 and never worked after till now.i applied for a divorce what will be my options after divorce
And working last five year contineaously and treaty my rights. I got all pay slips and p60.
My question is can i apply retained right of residence on the base of my child
All advice will be very helpfull for me thanks