EEA2 to PR as an unmarried partner need HELP!!

[tanvir2008]

I came to UK in 2007 as a student, got my EEA2 RC in 2014 as an unmarried partner. I have got a 4 year old daughter with my partner and my daughter has got British passport, my partner has got PR. recently I got separated with my partner and leaving on my own, I have got proof of address with my partner for 5 years, can I apply for a PR on that basis? or should I apply for PR on 10 years route or should I apply through my British daughter? please I am lost!!

[CR001]

I have got proof of address with my partner for 5 years, can I apply for a PR on that basis?

No. You only qualify for PR after 5 years from the date of your residence card. As an unmarried partner, there are no automatic rights. If you are separated, your rights cease as an EEA Extended Family member.

or should I apply for PR on 10 years route or should I apply through my British daughter?

Has your partner been a qualified person exercising treaty rights for the full period that you have held an EEA EFM residence card? You need substantial evidence that your partner was a qualified person to qualify for ILR Long residence. Proof of cohabitation is not sufficient.

What date did your last student visa expire?

[tanvir2008]

My last student visa expired in 2012, then I had to wait 2 years to get my RC as my first application was refused, my partner has been exercising her treaty rights all along, what route should I go for in this current circumstance? my RC expires in 2019.

[tanvir2008]

Can I apply through my daughters status?

[Obie]

So you and your partner never married?
Are you in amicable terms with.your partner, and are you playing a role in the life of your 4 years old?

[tanvir2008]

Hi obie, thanks for your reply. no we never got married, I am still paying their utility bills. I am visiting my daughter almost everyday and support my daughter with financial needs. she said she will do everything to help me retain my status, as she wants our daughter to see me very often.

[Obie]

Was there ever a break in your visa between 2007-to present?
Did you have continuous leave until you applied for residence card?

[tanvir2008]

Yes I had continuous leave in the uk, but I had two years gap after my student visa expired and before I got my RC, as my first RC application was refused and had to appeal.

[tanvir2008]

I never had any break, I applied for my RC 2 days before my student visa was due to expire.

[CR001]

Long residence ILR will fail as you do not have 10 years legal residence. From the date your student visa expired to the date your RC was issued, is not covered under Section 3C of the Immigration Rules and as an unmarried partner, your rights under the EU regs starts from the date of the RC, as far as I understand.

[Obie]

Provided you were in the UK , you applied for residence card before your leave expires and the application was eventually successful, I believe OP may have a shot.

I agree that section 3C is not engaged, but the fact remains that the person applied before their leave expires and that application was successful. I do not believe that this may break long residence.

[tanvir2008]

So, there is no chance to apply under EU law as an unmarried partner? how about applying as a British child 's parent, I do provide my daughter with most of her needs. Really frustrated, after living here for more than 10 years it is like back to square one.

[Obie]

You may qualify under the parent rules depending on the circumstances.