jed10 wrote:hi all,iam a non-eu entered illegaly to the uk in 2000, iam living with my partner who is from france and we have a 6 months old daughter ,on her birth certificate we(my partner and i) both mentioned our parental responsability towards our newborn baby who got a french passport now with my family name, iam seriously worried now because of this new laws,as we cant get married in the uk, is there any chance to get leave to remain according to my situation fact that i need access to my child without having to go back to my country
You can apply under European law using from EEA2 as an unmarried partner. Usually you have to prove 2 years of cohabitation, but I guess raising a child together shows even more commitment. Now you have already spotted your problem: because you are not married, you are classified as an "extended family member". The recognition is subject to discretion, and the Home Office may decide to refuse the application because you have no legal status. So this could be a lengthy legal battle, although I think your chances of success are quite high.
Alternatively you could get married in the Church of England. The Home Office may still try to refuse your application, but the ECJ has made it very clear that there are not further preconditions for family members. In either case you would be safe until the legal proceedings have come to a conclusion.
You could also go back to your home country and apply for a fiance visa, as Wanderer recommend. If you apply before the end of the month, you should (in theory) get the visa. However, if you miss the deadline, you would be banned for a year. And the longer you are separated, the weaker your case gets. So again, possession is nine tenth of the law, and therefore I would recommend to stay and fight here. (Honestly, I just do not understand this ban. It just seems to punish everybody for what used to be the right thing to do.)
Tom
