Over stayed applied fr EEA4form complicated situation HELP

My history / filipina citizen

2003 - April, i was 13 yrs old when i fist came here. My visa was a family member of an EEA national. (Mum married an Irish man)

2007 applied for EEA2 form received 5 years residency. Work and business allowed.

2008 - september 18. Family having difficulties. I moved out. Mum and step dad started fighting. I was insured under my step dads name and when i had an accident i found out my insurance got cancelled.

2009 - had to go to court, because of the circumstances my conviction wasn't as bad as it should be. 1 week banned from driving (no insurance).3points in my liscence and £75 fee (driving past a red light).

2009 - summer. talked to someone in ukba about applying for british citizenship. The woman on the phone said i dont need to apply for Indefinite Leave to Remain/permanent residency as i automatically qualify to apply for british citizenship.

2010 - march. Sent application for british citizenship with solicitors help.
- June. Application was refused on the basis of my driving conviction. Under rules where applicant shall have good characteristic and haven't broken any uk laws. So because i got convicted even though it was explained it wasnt my fault this resulted in application of refusal. I wasnt allowed to get an appeal.

2010 - July. Met my boyfriend who is now my husband.

November. My mother and step dad seperated and their divorced finalized.

2011 - february/march. My own relationship with my mother also broke down. moved in with my partner and his friend.

2011 - April. My half sister 13yrs old (american citizen)was being abuse and neglected by my mother. Social worker asked if i can look after her and if she can move in so i said yes.

July. I was filling up application form EEA4 looking to apply for PR as my visa was about to end in april 2012.
August. Moved house and lost my passport that contained my visa!!
Reported a lost passport in local police station.

2012 - March. It took me around 7months to get a new passport as i had to produce documents i didn't have.

2012 - April 02. Visa expired.
April 20. Got married and
May. Got pregnant.
June. Applied for EEA4 form and put my husbands name as my sponsor without seeking advice from solicitors.
August. Received letter stating that I need to provide my step fathers documents. And if I wanted to use my husband as my sponsor i would need to reapply as a spouse.

2013. January. I gave birth to a baby girl.
February. I was contacted by capita saying i have no more right to stay in the UK. I contacted them immediately and told my situation. They adviced me to seek legal help. I went and got a solicitor told my situation, we contacted my former step dad and he wrote a letter to state that he no longer live in the UK. Although he is willing to help he isn't going to give his passport.

I gave my relevant documents to my solicitor.
Utility bills
Tenancy
Birthcerts
Work contracts/Payslips mines and husbands
Letter of confirmations from work and attended schools and colleges (continuous 5 years in the UK) mine and husband.
Confirmation letter from police station stating i lost my passport. ( reason why i wasnt able to renew visa)
Former step fathers p60s, my p60s and husbands
Letter confirming that my former step father no longer lives in the UK signed by him.
Letter of confirmation stating that my former step father work from 1998-2010 in local leisure centre.
My philippine passport, husbands irish passport, and my little sisters american passport as she is dependant in my care.
Declaration letter and stating that i would like to replace my sponsor to my husband (i dont know if this is even possible, think my lawyer is dumb!?)
Solicitor said he was going to send application in May as all documents was up to date. Made an appointment in july only to find out he didnt send them grrr.

2013. July EEA4 application sent away by solicitor.
August. Received all my documents back in my address and a letter from UKBA stating that my application was invalid as i did not include fees
In july 2013 they introduced fee for EEA application of £55 each. Was raging i got caught up in the new changes and fees! So then i had to pay £110 for me and my sister!

I didnt even tell my solictor what happened because i really plan on changing him as soon as i hear back from ukba!!

2013 - August 6 sent application again with documents and all.
August 12 receievd a letter from UKBA saying theyve received it.
August 16 receieve Certificate of Application. Stating i can work. But not my sister.


Now still waiting.. It will take 6 months apparently. Can any body tell me what you think of my situation. Am i likely to be denied? Im really worried!! Please help

You probably attained PR in 2008, together with your Mom, if her then husband had been exercising his treaty rights in the UK throughout the preceding 5 years.

Hi vinny. My mum is already an irish citizen after 3 years being married to my former step father. She cant help with my situation though as she does not work and does not qualify for exercise of treaty rights. My former step dad did exercise treaty rights. I sent along with my EEA4 application a letter from his previous work confirming this as well as some of his p60s and his own letter stating he no longer lives in the UK.

He not being in the UK does not help you now. You should also send proof of him exercising treaty rights between April 2003 and April 2008, or any continuous 5 year period since when you were in the UK, before you reached 21 and before his divorce.

Would a letter of confirmation stating that he worked from 1998-2010 in local leisure centre not enough proof of exercise of treaty rights continuos of more that 5 years? Also i sent some of his p60s dated 2009 and 2010 i think.

Hi Kristine,
Having read through your situation as posted, I can see you have been through a lot. My advice to you is to calm down and await a decision from HO. As you have been given a COA with work, the worst case scenario of being told to leave UK has been eliminated. You have a right to be here now but at the same time be prepared to fight your case should things go the other way which I pray will not happen. Pray hard and also sniff around for a good solicitor/barrister that can represent as I do not appreciate the lack-lustre attitude of your current solicitor.
I would also advice you call UKBA yourself to find out about any progress on your application as I discovered so lawyers will receive correspondence from HO wrt their clients and they never communicate it to them.
I will continue to pray along with you and wishing you the very best. You will be fine. Am certain

Hi Davmck70,
thank you so much for your positive feedback, I really appreciate it it's hard not to worry with my situation having been through this but I will try and follow your advice and try not to panick. The waiting game is always the hardest as you get too anxious as time passes by. I do pray that things will be ok. thank you for your kind words it does give me a little bit of relief.

Im still waiting its been nearly 5 months long waiting getting very anxious

Have you called UKBA as advised. I believe a feedback on this forum will bring some relieve to you as we can have a better understanding of what your situation is and also be able to advise you further.
I might be wrong but the longer you wait the better it gets, can't get any worse from my own experience. You will appreciate it better. So tell us more and we can tell you more.

Am sure you will be fine but more importantly learn to guard your own goal post so that no one scores against you. All the best