Overstayer with EEA children

[Kmarcus]

Hi this is my situation and will appreciate any help. Entered uk on a student visa in 2001 which expired in 2005. Got in a relationship with an EEA national from Holland a year before my visa expired. She was going to help me with my stay(not an arrangement). Financially I couldn't afford to pay any more college fees to extend my visa more so as she had willing offered to help.She joined me from Amsterdam in 2005 but things took a bad turn. I had to move out and the relationship has been on and off since.
We had twins in Feb 2012 and I am the registered Dad on their birth certificate. Marrying so I can apply for my stay is out as she works part time, live in a council house and claim some benefits which she fears losing.
Can I apply on the basis of being the father of the children or is there order ways to go about this. Thanks

[dalebutt]

How many hours a week does she work? Application based on the children will be a DRC perhaps on Chen, I will have to look a bit more to see what the requirements are, I can't say on the top of my head if the chances are great, Ibrahim and teixeira does not apply to you as the children are not in school yet. Your best bet will be applying on the basis of your partner, it would not affect her benefit, but is your relationship still subsisting?

[splanky]

To apply under Chen you'd have to show the children were Dutch citizens, that you were their primary carer (or share equally this responsibility), they are residing in the UK on a self-sufficient basis, and they would not be able to remain in the UK if you had to leave. You and the children would also need Comprehensive Sickness Insurance.

[Kmarcus]

Thanks for your replies. She works 20-22 hrs per week. And the relationship is back on.

[dalebutt]

I suggest you apply for EEA2 as partner, you can find the guidance notes and application form here http://www.ukba.homeoffice.gov.uk/sitec ... /eea21.pdf , your application will not affect the benefit she receives.