Please help,

[Zk84]

Hi there,
I have been reading this forum since i came to uk that was 2010, never post anything, but this is the time to post my first thread, as i need help,
I came here here as a student 2010, in 2014 applied flro, just wanted to buy sometime as i was applying to study somewhere in europe,
Anyhow got refused frol european university,
In 2015 became overstayer, in 2016 applied assylum on homosexual basis, and was assigned to report in homeoffice,
Got refusal in 2016, with no right to appeal, and they certify me section 94 or 96 something,
Since then never been to reporting,
Recieved an email in 2017, something like i will be considered as absondered if i dont go to report,
Time passed, in march 2018, met a girl european national, in decmeber 2018 had a child,
A stupid lawer applied jnauary 2019 a derivative residence card, which later on i realise and read itmyself, i dont even fall in this category, in febuary they sent a letter saying invalid application which i was pretty sure,
Now a week before they send out letter saying NOTIFICATION OF GRANT VARIATION OF IMMIGRATION BAIL TO A PERSON DETAIN OR LIABLE TO BE DETAIN,
And told me to report this wednesday,
My partner is european national, also QP, aswell as she has got pre settle status too,
My lawyer is going to lodge eea efm application this monday and told me if you go to report give them a letter.
I am scared, they will detain me, as i am absonder, i dont want to be detain as my child is only 3 months,
What are the possibilites chances that they will detain me.
Please help bundle of thanks

[joeano353]

In 2016 you applied as a homosexual, in 2019 you have a baby and applying as a father. To HO it would sound like you are lying all through your process.
I don't know how the solicitor can be called stupid. Any solicitor will tell you exactly what he is doing. He only advises and wont do anything without your permission.

[Casa]

Apart from the fact that you haven't met the qualifying period of 2 years co-habitation in a durable relationship 'akin to marriage', (which requires documented evidence of joint address, such as shared finances, bills, both names on the tenancy agreement or mortgage etc.) has your Solicitor made you aware of the other major issue you have with your EEA FM application :
Validity of applications
For an application for a document confirming a right of residence to be valid, it must
be submitted on the specified application form, with all relevant sections completed.
In addition, all applications must be accompanied by the relevant fee, documentation
and evidence or proof required by the 2016 regulations. An application for a
document confirming a right of residence, or a family permit, is invalid where the
person making the application is subject to a removal decision made under
regulation 23(6)(b), a deportation order made under regulation 32(3) or an exclusion
order made under regulation 23(5).

https://assets.publishing.service.gov.u ... 8.0ext.pdf

[Zk84]

Thabk you for your reply,
It makes me clear so many question, my solicitor didnt mention any of these points, all he told me there are slightly chances you will be detained, but we will take you out as you have child born in uk with eea partner,
I am really confused what to do as time is getting less every minut.

[Casa]

I can't tell you what to do, that's your decision entirely. However, in my honest opinion even if your child had British nationality, the Home Office are highly likely to consider that you could live as a family outside of the UK. Having a child born in the UK who is only a few months old with one parent who has been given a removal notice and the other an EEA national without PR, is not a strong case for granting leave to remain. Even more so considering your immigration history

[Obie]

What was the reason given for the invalidation?