unmarried partner of eea with a child

[Sean442]

hi pls i need help ...ive been with my itALIAN GF FOR 2ND half years nw bt only been living together for 1 year and we have 10 months son together ...im about to snd my application to ho witha all evidence like photos birth certificate,dna result ,bank statetement etc . any hope my application will be granted?plus ive been refused on student visa extension before

[Wanderer]

You need 2 years cohabitation....

[secret.simon]

You need 2 years cohabitation....

Not necessarily. Under EU law, you only need to prove a"durable relationship". While the usual standard that the HO applies is two years of cohabitation, they must take into account other factors, such as having a child together.

Even so, just a year of cohabitation may not cut the mustard as a "durable relationship". So, don't get your hopes too high.

Also be aware that you will be an overstayer for the time between the expiry of your student visa and the grant of the EEA EFM Residence Card. EEA route applications do not extend Section 3c leave, which means that for the time that the application is being considered, you will still be an overstayer.

[Sean442]

Thanks been an overstayer do i have any hope of getting my redsident card

[secret.simon]

EU law does not look at your legal status. So, even if you were an overstayer, provided you meet the other requirements to prove that you are in a durable relationship with your EEA citizen partner, you should be issued with an EEA EFM Residence Card. Then assuming that you still are in a relationship with your EEA citizen partner five years down the line, you would be eligible for your PR Card.

However, the overstay will cause issues if you applied for UK naturalisation.

[Sean442]

Thanks a lot simon ..I'll give update on my application nd goodluck to everyone

[Sean442]

yeah thanks to this forum its been helpful i got a decision letter and my documents back aying i should receive my rc in 10 working days
i wish everyone goodluck in their application