Advice needed

[Dinusia]

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!

[Kixxx505]

Hi there,

You should apply using the route below. All you need is to prove that you’re in a durable relationship for at least 2yrs. That should just do it. If you need more help with this am happy to help - just email mexxxcc




EXTENDED FAMILY MEMBER

apply as an extended family member of the EU national. This will, for example, be an unmarried partner who has been in a durable relationship with the EU (and has in general lived with him/her for at least 2 years), brother, sister, aunt, uncle, cousin or niece. Except for unmarried partners, all other extended family members have to prove to be or have been dependent on the EU citizen or to be or have been a member of their household.

Alternatively, the extended family member has to prove a serious health condition. Furthermore, that he/she rely on the care from the EU citizen.

Extended family members must apply for an EU Family Permit or Residence Card to reside legally in the UK.

[Obie]

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