Trying to get on the right path again

[Branok]

Hi,

I have previously asked roughly the same question but in the forum for family immigration (here) but a FLR(fp) case would fall flat on the lack of electricity bills….

I just read that the ECJ ruled that dual nationals can retain their freedom of movement rights. I’m a naturalised British citizen, I still hold my old EEA nationality and my old permanent residence card so I guess I’m falling into that category. So maybe we can resolve our situation through EU laws?

Background:
I’m dual nationality British/EEA with previously permanent residence and she is a non-EEA over stayer since 7 years (entered as tourist). We have an 8 months old son together who have a British passport. We have been living together for 6 years however we can’t prove cohabiting. I own the property and all the bills are in my name and as an over stayer she can’t have bank accounts and direct debits. We can provide GP letters and NHS bills over the last year in her name (all paid in full) but it is not enough to cover two years.

Would we stand chance applying for an EEA family permit as an unmarried partner or am I only grasping at straws?