PR of eea family member refuse- unmarried partner visa-wise?

[rakel95]

Hi everyone I have read extensibly the topics and can't find answer to my question.
Here's the problem
My girlfriend is a non eu family member of a eea national, she had eea family permit visa until dec 2012, previous to that date she separate from her husband so at the time of her visa ending she apply for a PR based on eea family member and residing here for 5 years... As her husband didn't want to cooperate she didn't obtain any prove of him, working here in the uk or cohabiting. Her application was refuse on the grounds that she could not prove he was exercising treaty right in the uk, they gave her the chance of appeal and alone with the appeal she send an application base only on her living in the uk for 5 years ( by then, her divorce was finalised and the decree nissi was send with the application ) the appeal was refused also. Now they have giving her the chance to appeal to the upper tribunal.
Looking for some advice we saw a lawyer who said that she should send the appeal which will be refused of course (just to gain time) and at the same time apply for an unmarried partner visa based on the fact that we have been living together for 4 years and I we comply with all the requirements for that type of visa.
My question is.....
What are the chances of the visa being granted if she was already refused recently... ( it might be seen as an attempt to brake the rules)
As her visa expire some time ago.. And they retained her passport from the first application... Will she be removed abruptly once the appeal get refuse... Without considering the new application?
Will going back and applying from her country of origin for a WP will be advisable?

As we all know, the money is not plenty, and we wouldn't want to spent a great amount of money on lawyers fees and applications if the chances are slim....
I will apreciate your help to make a right decision to what our best chances are.

[maxmelion]

Of course they will refuse her appeal . U must send her ex husband 5 years treatty right . Her sitution so complicated if she divorced him long time it would be easy even ror will be hard bcos her visa is expired i guess so . She might via difrrent tier if tht possible if not she must see so good lawyer nd i think obie will tell u the right thing .
are u british or eurpean? Wat nationalty u r?

[rakel95]

Thanks, I am British naturalised in 2012
So whichever way it will be very hard for her??
When you say tier1. Does it means she will have to go back to the country of origin and apply from there as her visa is already expired?