NON EEA FATHER DEPENDING ON EEA SON

[otunbakibx123]

Hello people I am new on this forum so don't really know how to use it much, but I do need help. I have got a son with a polish citizen, I was arrested by the immigration and released on bail but while I was there, I put in an application on my girlfriend basis as she was pregnant then, but it was rejected after two weeks as the home office said they don't have enough evidence to see we are in a durable relationship.
We have not been together for two years though but the lawyer that helped me at first didn't do the right thing, so I was not giving a chance to appeal. Now I want to put in another application depending on my EU son, so I need help to confirm if that is possible and if anybody can give me hints on documents that could help make it easy for me as I can't afford a lawyer now so I want to put it in myself. I will appreciate if anyone out there that has gone through this to help me out with what to do and may be what other documents I can use to back this up.

[vinny]

Your all caps, single sentence, long post is very difficult to read.

[vinny]

Durable partners: regulation 8(5)
This page tells you about the requirements of regulation 8(5) of the Immigration (European Economic Area) Regulations 2016 (the 2016 regulations) relating to extended family members of European Economic Area (EEA) nationals.
If an applicant wishes to apply as the durable (unmarried) partner of an EEA national sponsor, they must satisfy the following requirements:
 the applicant and the EEA national sponsor have been living together in a relationship similar to marriage which has continued for at least 2 years:
o you must always consider the individual circumstances of the application
o the couple may have been in a relationship for less than 2 years but they have a child together
o you can use your discretion if there is enough evidence, for example, if they provided a birth certificate showing shared parentage with evidence of living together
 the applicant and the EEA national sponsor:
o intend to live together permanently
 are not involved in a ‘consanguineous’ relationship with one another (they are not blood relatives)
 any previous marriage or similar relationship by either party has permanently broken down

May be difficult?

[secret.simon]

I may be wrong, Vinny, but it seems to me that the OP is inquiring if he can make an application solely on having an EEA citizen son in the UK. Something on the lines of Chen, but I am not sure if Chen is applicable if there is already an EEA citizen carer for the child in the UK.

[vinny]

There may be a problem.

(8) A person is the “primary carer” of another person (“AP”) if—

(a)the person is a direct relative or a legal guardian of AP; and
(b)either—
(i)the person has primary responsibility for AP’s care; or
(ii)shares equally the responsibility for AP’s care with one other person who is not an exempt person.

(c)an “exempt person” is a person—
(i)who has a right to reside under another provision of these Regulations;...

[Obie]

I have edited the post so it can be more legible or rather intelligible, as i was having difficulty penetrating it.

Also See 19 -22 of Dauhoo (EEA Regulations - reg 8(2)) Mauritius [2012] UKUT 79 (IAC) (13 March 2012).

[otunbakibx123]

Thank you all for your support . I see it's a bit of a complicated procedure just depending on my son as he has got a mother that is the primary carer . I will think of going to apply with the mother since our relationship doesnt indicate that it has been for two years since it's less than two years but we have got a son together so I will probably use that as a proof as well and we intend to have a relationship together that we are working on but i just don't know if any of you got ideas of what document i can put up to back it up apart from he payslips and other things since we are not married and don't think we will be allowed to get married for now but I do have to go sign on the 24th of January and I don't want to be detained again might be a long stress again getting of the the deportation camp and another thing I was thinking is putting in application on Human Right depending on my new EEA son and my son from my past relationship though he dont have a british passport yet but he has got his 2 years stay in the country so I am thinking of putting on an application on both of them for human right I am only going with this EEA application because I can't afford the fee for putting it on my EEA and my son from the past relationship