Unmarried Partner EEA Family Permit - need legal advise!!!

[httdong]

Can I apply for RC as a person in durable relationship with a EEA national given my circumstance is:

We've been in relationship for 7 years. The first 4 years we were living outside UK, not officially due to legal issue that we were not married but can be proven by emails, pictures.
The last 3 years from 2010 I've been in the UK under Tier 4 student visa. I live in my partner's own apartment, he bought it when we moved to England
We do not hold joint account or anything but we both receive bank statement to the same address. Utility bills and everything were all paid by me but he contributed by transfer money to my bank account on regular basis /montly and two monthly (evidence by bank statement date back to 3 years)
The only thing we have name together is car insurance policy
Council tax bill only has my name on it, and I did not have to pay as I was a student
My partner works abroad in an EU project (not in his home country) so he stays in hotel most of the time and the time he actually physically be in england is limited, 2-3weeks every two months, plus Easter, Xmas and summer holidays he stays home 3-5 weeks each time. He is not registered with council tax here and I did not declare him either. I spoke over phone to a council tax person 2 years ago about his infrequent stays so they did not charge him council tax
My partner will complete his contract next month and plan to stay in the UK permanently if I can also be able to stay here. I assume from this time he will have to pay council tax. We have enough money to be self-sufficient and can buy private health insurance now
I have a 12 yrs daughter, from my previous marriage,living with me on Tier 4 dependent. We pay for her private education so it is also an evidence of self-sufficient
Our visa will expire next year so I want to switch visa now. Can we be qualified as durable relationship? Are the evidence justified?

If it is a promising option, I would like to seek legal advice to file my application. Please help.

[Obie]

You should be able to, once he return to the UK

[httdong]

Does it mean we can prepare an application now?
My visa is until next year but I want everything to be settled before summer so we can plan ahead where we are going to say next - remain here or being kick out of the country
will they question us about 'living together' while he travels so much in the last three years? is our chance very slim?
Please anyone know a good solicitor to help us this case?

[Obie]

You are right. He has been travelling a lot. It appears he is residing in this other country than the UK. He is not exercising treaty rights in the UK at present. He is not a frontier wirker, you have informed the authority that he does not live in the UK a lot.

Quite an interesting case. The starting point is him returning to the UK to exercise treaty rights.

[httdong]

So, what can we do?
Let's say he'll return next month and start exercise his treaty right in the UK as a self-sufficent person. Does he need to apply for it, or confirm his right in anyway?
Can we apply at that time together with him then?
Can the last 3 years count as 'living together' and in a durable relationship? or all were not of any use?
Do we need to start allover again, as if we only start living together from now and counting for two years more in order to apply?
What if we apply to live in another EU country and start exercising treaty rights, would we still have the same problem of 'living together' ? The nature of his work and my full-time study commitment here, we were not able to be together more than what we have done, would it be justified as a couple in durable relationship?
Any thoughts would be highly appreciated