EU member left her husband in UK: can I apply for my PR?

[hassan13]

Please, I wish if anyone could advice me on how to secure my permanent resident permit in the UK

My wife is Estonian, EEA national. We started living in the same address together in UK on the December 2009. whilst living together we applied for certificate of Approval for married which was approved on the January 2011. We married on the April 2011. I applied for my residence card and it was granted on the 16th September 2011.

She obtained her accession state worker registration scheme registration certificate on the April 2009.We have been living together up to-date and employed. We have 5 years old daughter together in our relationship.

She has decided to go and help her grand mother in Estonia. she will be traveling on Oct. 2015 and she is not planning to return to UK anytime soon within the next 2 years. she will be traveling with our daughter as well. Despite she has been working throughout in London for 6.6 years but she has not applied for her permanent resident. My current residence permit will expired on September 2016 and we are still married and stayed the same address together for the previous 5 years 6 months.

I would really appreciate if you could advice me the various option available for me to obtain my permanent residence in the UK.

[Obie]

When the EEA national leave the UK, the non EEA looses their right of residence, unless they had retained it

[toofan]

yes obie is right .you can still apply for ROR it will be another five years residence card if your family member leaves UK you can apply for ROR.

[Obie]

yes obie is right .you can still apply for ROR it will be another five years residence card if your family member leaves UK you can apply for ROR.

That is not correct. I did not say that.

He cannot apply for Residence card, or retain right of residence, but as it is getting to the 5th anniversary of his marriage, he may get PR next year.

[vinny]

If EEA national wife has left the UK before commencing divorce proceedings, then how can the OP attain PR?

[Obie]

If EEA national wife has left the UK before commencing divorce proceedings, then how can the OP attain PR?

Seems EEA national may have acquired PR so are absence may not affect OP.

This may be a 15 (1)(b) case.