non EEA parent of an EEA child

[Sawman]

Hi every one!
Reading many post has encouraged me to write about my case.
I came to the UK as a wife if a non EEA student in august 2003 with two years UK visa.
in 2004 my son was born in Belfast and acquired Irish citizenship.
in 2005 me and my husband applied through EEA2 and were granted visa for 1 year.
in 2006 we were refused an extension saying that we could not prove that we are economically self sufficient. we appealed the decision but were unsuccessful. in Sep 2007 the solicitor then told us that he is applying for JR and we will have to wait. but in June 2008 we found out a few months late that he never did and also found out that he was banned solicitor and we never saw the face of our file again. Immediately we applied to the HO with fresh documents and got a removal notice in Feb 2009. we contacted the HO ;about our fresh application which was then reconsidered and we were granted leave to remain in the same category( parent of EEA child) for 1 yr. In 2010 my husband applied for ILR which was refused and was granted 3 yrs discretionary leave which he extended in 2013 and now in 2016 he got ilr. i on the other hand was given a 2 years and subsequently 5 years visa (derivative right of residence)
now my Irish son is 11 and recently got British citizenship as well and i have another child who is 10 and got British citizenship via form T.
I need advice in the situation that my husband has ILr and we have to sons having British citizenship(also one has Irish as well) and I am still on derivative visa till 2019.
shall i convert to spouse visa or can i apply for ilr on the basis of being in the uk since 2003?
the time which we spent in the UK between 2006 (visa refusal )2009 (visa granted) has been registered in HO records as being over stayers ( although a solicitor in Belfast told us that we being the parents of eea child don't need visa???)
so confused...
thanks in advance

[noajthan]

Your sons are British so (in this context) not EEA citizens - and husband is settled.
So not sure parent of EEA child will fly.
Zambrano is a tricky area too and you are clearly a family unit not a lone parent.

In any case EU rights are doomed what with Brexit looming and derivative rights don't lead to PR either.
My understanding is stick with UK domestic route.

[Sawman]

Thank you noajthan for your response.
So go for spouse 5 years route!