EEA2 Query: Unmarried Parents

[McQueen]

Hi there,

My partner and I have been in a relationship for 3 years but only cohabiting for 6 months. I'm Irish and she's from the Philippines. We have a 5 month old baby. She's been working in the UK on a Tier 2 work visa. Obtaining an EU residence card would be beneficial for travel and work purposes, as she would have more job opportunities as employers wouldn't need to sponsor her, etc.

How strict are the authorities regarding the '2 year minimum cohabitation' requirement? We thought because it's a 3 year relationship and we have a child, that might be enough to prove it's a genuine, lasting relationship.

Would the CoA/RC state that she is entitled to work? I'm reading that because we're unmarried it might not, but then she's been working here for several years already so maybe her entitlement might therefore continue?

The gov.uk site mentions a non-EEA parent of a child with a right to reside is also eligible to apply for an EU residence card. Would this be a better basis for us to apply on? Our baby has Irish citizenship.

Thank you very much in advance for any feedback!

[Obie]

She should be OK, cohabitation is not required to qualify.

[McQueen]

Thanks Obie.

Any thoughts on the other questions? Even if she didn't get the right to work on the RC, I assume it wouldn't invalidate her existing Tier 2 visa?

Are there any advantages/disadvantages to her applying for the RC on the basis of her parentage?