Confused about EEA PR Residence card for NON Eea

[Khanistic]

Hi all,
I am a Pakistani National residing in the UK since 2005, I married a Latvian citizen in 2010 December, although we've been in a relation since early 2009, I was issued an EEA family permit in Aug 2011, we've been blessed with two kids, my son whose 5 year old and a daughter that just turned 3,
My current family permit runs out in Aug 2016, but unfortunately we've been separated since July 2015, we are not divorced yet, as non of us are sure what do we want next, we might be getting back together or we may not,
The kids are currently living with her, but I see them every other weekend,
Knowing that my current leave expires pretty soon, I'm not sure what should I be applying for ? Is it the Eea Permanent residence card ? Or retained right of residence ?
I've been speaking to the HO. But unfortunately every time I speak to them they tell me different things,
I've heard I would get a retained rights of residence if my marragie was just about 3 years, but we've been married for just about six years,
One of the HO reps told me that I would need to apply for PR but I would need to apply for divorced
Another Representative mentioned that I would need to wait for my divorce before I can apply for anything else,

I'm not sure which info is correct

Can any of you kind people guide me through this, I'd highly appreciate your help,

Forgot to mention, that me and my partner are not on talking terms, hence getting any kind of documents from her end would be quite unlikely.

Kind Regards
Aziz

[noajthan]

If sponsor has exercised treaty rights continuously in UK for 5 years you may have acquired PR automatically already.
If so you may apply for confirmation of PR.
(No need to be co-habiting and HO has ways and means to obtain certain information from or about an estranged sponsor).

What has spouse/sponsor been doing in UK since your marriage?
If working, was A8 national fully and properly registered for WRS (until 2011)?
And if working, any periods of maternity leave?

If sponsor was studying did both sponsor and dependent/s have CSI in place?

Any prolonged absences from UK (for either of you)?

[Wise]

Very importantly, you need to write your circumstance regarding the issue of not able to provide your ex treaty right as to help you contact HMRC. Otherwise the application will be refused. But you can just write where you know she's been working during your qualifying period.

[Khanistic]

Dear all,
I really appreciate your time and kind replies, perhaps I did not clearify a few facts during the initial post,

1) she had her own self employed styled beauty business When we met, she carried that on for a couple of years,until our first child was born, our son was born with Spastic Cellebural Palsy, and needed someone in 24/7 care. Hence she decided to quit while I have been working full time all these years,

2) she has not worked since our first child was born
3) during this time she started her university education and being full time mum to our two kids

4) however since we've split, she has started working part time.

5) we have not lived outside the UK any prolonged period of time

I hope this above info clear my scenario a bit further
Looking forward to hearing from you guys

Many thanks
Az