Parent or Partner? Grey area decision?

What happens if you are applying to extend your leave in the UK, and its a grey area about whether your UK-born child's parent, is your partner or not?

Given that:
-you've resided with several extensions of leave in the UK up to now (based on partner and child)
-you now live separately (with separate single person council tax)
-you still have joint banking (and child's parent is currently paying most of your bills)
-there is no formal separation evidence (eg divorce or financial)


Does the HO say:

-you can't have a partner-based visa because you are not living together, and there is no evidence you intend to live together

-you also can't have a parent-based visa, because to some extent, we still consider the child's other parent to be your partner, as you still both have joint finances and no evidence of formal separation.


Might their conclusion be:
-you will need to exit the UK, decide if your UK born child will remain in the UK, and reapply for a parent or partner based visa once you have evidence that firmly supports which you are. (ie, fully separate, or get back together, then re-apply)

Or will might they just grant you leave for whichever they think most closely resembles you, as partner or parent.

Based on my own experience of changing from spouse visa to parent route. First be sure about whether your relationship has ended or not. If you think it can still be mended and you can get back together then nothing has changed. But if you believe it has ended for good then you should inform ukvi about it even if you weren't directly sponsored by your partner (for examples spouse visa) your personal circumstances has changed significantly so it is required.
it doesn't matter whether you are divorced or not as long as you can prove you aren't in subsisting relationship by providing such as you both live in a separate address. You can switch to parent route if the other parent is a British citizen or settled in the UK. And you have access right to the child and play active role on child's upbringing. Also meeting English, adequate maintenance and accommodation would put you on a 5 year route.

Thanks ssasi, I can confirm we are living in separate addresses. We both have our own council tax letters which show single person occupancy for a start.

Finances are still currently heavily tied though, due to NRPF. And no formal separation/financial paperwork.

I assume ultimately the HO will decide to grant either a parent or spouse visa, depending on which side they feel the evidence weighs more heavily against and which route seems most applicable given current circumstances.