ROR....complex situation

[aliikazim]

first of all i am very thankful to experts of this site bacause they always have a solution of my problem and answers of my question and doing great work for humanity.
here is situation
married in nov 2010 outside uk
entered uk july 2013 on eea FP
EEA2 SINCE jan 2014
EEA working part time (20 hours week) self employed
non-EEA working full time
benfits recieving CB,WTC AND CTC
NOW due to family reason eea want to leave uk for unspecified period of time and we also dont want divorce.
we have problem when the problem solved she will come back but we dont know when.
so is there any possiblilty to apply ROR without divorce ?
if divorce is only option then does uk accept divorce certificate from other country?as in uk process is very lengthy we are thinking to go to eea country and make the process there.
if we have to make divorce process here what is my option of getting ROR?
I CAN provide my work history and my partner self employement documents.
please advice...thanks

[Artur111]

You cannot apply for RoR without divorce.
So if you decide to divorce and then apply for RoR, then you'll need proof that your partner has been exercising treaty rights prior divorce finalized (Decree Absolut issued).
If you partner leaves the country now and you'll start divorce proceedings then you will not be able to show Home Office the proof of exercising the treaty rights by your wife.
It a difficult decision to be made to be honest, so you will need to think carefully.

[aliikazim]

Thanks alot for your kind reply. Ok if I start the divorce process and my wife fully cooprate with me and she stay untill i apply for Ror... Then how much is my chances? BcoZ i am afraid of as she is working part time and she pay only class 2 insurance . I am afraid if i show all the evidence and still by somehow they reject my application then what will i do?

[Artur111]

If your wife going to be in the country by the time your divorce gets finalized and she continues to exercise the treaty rights up until you receive your Decree Absolut then I believe you have a chance to apply for RoR and be granted it. But again I can't say that you're guaranteed the positive outcome as it's for Home Office to decide on your application

To apply for RoR you need to be married for at least three years prior divorce proceedings, live one year together and EEA should be exercising treaty rights. If you meet the above conditions then you can apply.

As she is self-employed you'll will need to provide the proof that she has been paying Class 2 NIC, the invoices she issued to clients, the bank account statements where she received the payments for the services she provided. On top of that the previous years Tax Returns will benefit you and a letter from her accountant if she uses one.
Letters from clients, business cards, flyers, advertising e-mail confirmation.

If you provide all above then you will have a really good chance to be successful with your application.

[aliikazim]

Thank you very much for your clarification. God bless you