EEA family permit! Need help

[timmy5040]

hello, i came here on a student visa which as since expired and i have a partner who is a dependant daughter of an eea national with permanent resident card. we also have two kids born in the uk who have dependant resident card of the eea national(grandmom). what route can i apply for? was refused extended family member application earlier.

[noajthan]

hello, i came here on a student visa which as since expired and i have a partner who is a dependant daughter of an eea national with permanent resident card. we also have two kids born in the uk who have dependant resident card of the eea national(grandmom). what route can i apply for? was refused extended family member application earlier.

I assume you're a non-EEA national.

What's your immigration status now?
How long in UK?
Are you working?

Why were you refused EFM?

If not married and not qualifying as a dependent EFM then not many options left.
Can you get married?

[timmy5040]

Thanks for your reply, i am a non- eea from. been in uk since 2012, stopped working last year as no visa. refuse on reason that i was not a dependant or household of my partner's mom prior entering uk. the upper tribunal we went for, the judge did not dismiss the appeal and did not grant it, he remitted back to the HO to consider based on the fact on the circumstances involved (kids and partner who have rights here) but the HO still refused. my daughter is 4 and d other 2. we r unmarried partner.

[noajthan]

Thanks for your reply, i am a non- eea from. been in uk since 2012, stopped working last year as no visa. refuse on reason that i was not a dependant or household of my partner's mom prior entering uk. the upper tribunal we went for, the judge did not dismiss the appeal and did not grant it, he remitted back to the HO to consider based on the fact on the circumstances involved (kids and partner who have rights here) but the HO still refused. my daughter is 4 and d other 2. we r unmarried partner.

Unfortunately its a tough case. Its unlikely you could even qualify for a derivative rights residence card as children already depend on others.

If partner is an EEA national and marriage is on the cards anyway that may lead somewhere. Not sure.

[timmy5040]

thanks so much, am really tired of the whole situation. i want to go back cos i cant just lay around unable to work and my partner is refusing to release my kids to me since she does not want to go back with me. she begs me to stay and just reapply to delay time till next yr when the kid will be 5 and entitled to ILR or when my partner will be entitled to ILR in January next yr. Partner is non-eea dependant of her mom who is eea national. we all currently stay with her mom who is the eea sponsor. someone said i could apply for discretionary leave. also let me mention that in the refusal the HO said if they want to considered my application under article 8 of ECHR, i should make a separate fee charged application but was adviced that it wont work as the kids and my partner do not have permanent residence