Dear all,
I am looking for some advice or “second opinion” before I choose my lawyer.
Here is the situation:
I am an EU citizen, residing in UK for 17 years. I have a child from previous relationship (8 yo, British citizen). I am currently unemployed and am claiming Universal Credit. I am divorced. I have registered with EU settlement scheme and awaiting their decision.
My partner is an overstayer USA citizen. (Entered UK December 2017 as a visitor). He is divorced.
We have a common child together. She’s 6 months old. He is listed as father on her birth certificate.
He never worked illegally in UK.
We are looking to legalise his status and get married.
Now as far as I understand we can’t go via child route (even if I get her British passport) as we are living together.
For partner route we are missing few months (till December) for it to be 2 years.
Now the questions:
1. What route should we take? Should we wait till December to apply via partner route? What would we need to provide? As there isn’t a lot of evidence he is actually living here. Apart from messages, witnesses and my older daughter’s testimony. Would it help if I changed some of the bills in his name?
Is it worth me getting a residenship card (£65) and applying for British passport for our daughter?
Would it help if I start working? He is willing to look after the kids while I’m at work. However, my reservation is if he gets deported and everything fails I am left with no benefits, full time job, two kids and no childcare. I’ve already been there and going back to that is honestly scary.
2. If we were to go to my home country and got married there? Will he be able to leave UK to Europe being an overstayer? What problems we might face on leaving and coming back?
Thank you!
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