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Hi if you're reading this pls feel free to give your advice

I had a residence card of a family member of an eea national since 2011 and it expired on October 2016. I was married to a french citizen but I'm not European I'm African
I wasn't able to apply for a PR because me and my partner got separated and I didn't have any proof of her payslips bank statement. Only have her old ID and our certificate marriage and also me working during all the 5 years . Which means if I'm not not wrong I've been overstaying since .

Then in 2016 same year I met my actual partner shes English and we actually have a child who's two years now and English . We all live together but not married

So my question is shall I applied for a Permanent resident even it's expired and I don't have any proof of my old partner

Or shall I just start all again and apply for parent of a British child

Thank you for your help

Hello,

At the moment, you are illegal in the UK. It means you are not able to apply for permanent residence. Your lawful stay broke at one point between 2011 and 2016. It seems you didn't stay long enough with your French was to retain a residence right. But anyhow, this is not relevant today as your EEA residence expired 4 years ago and you weren't able to get a PR.

I think to qualify as a parent of a British child, you need to show that you have sole custody.

Does your British partner work?

Zerubbabel wrote: ↑

Sun May 24, 2020 7:48 pm

Hello,

At the moment, you are illegal in the UK. It means you are not able to apply for permanent residence. Your lawful stay broke at one point between 2011 and 2016. It seems you didn't stay long enough with your French was to retain a residence right. But anyhow, this is not relevant today as your EEA residence expired 4 years ago and you weren't able to get a PR.

I think to qualify as a parent of a British child, you need to show that you have sole custody.

Does your British partner work?

I don't think he need to have sole custody for flr fp as parent of British child to succeed.
Access/ an active role in child's life is sufficient.

We all live together but not married

This is why the sole custody question is important here.

If you have shared responsibility, the parent of the child must not be your partner.



Otherwise, couples can go around the financial requirements by having a child and the other parent applying under the child rather than as a partner.

Are you only separated from your EEA wife ?
You are not divorced yet ?
Does your EEA wife still lives in UK ?