Eea2 application (non-eea parent of eea child)

[pritzy_18]

Hi there!
I have a question in applying for eea2

History:

Me and the father of my child split up and we have a 1year old son holding an Irish passport. I am a non-eu parent of an eeu minor child, holding a PSW visa that will be expire in the next couple of months.

The father of my son has been living here in uk for more than 10 year, however he didn't apply for PR, he is off work and receiving benefits. We never married, we only lived together for more than a year then decided to go our separate ways so therefore I don't have any proof of divorce/annulment/ dissolution of civil partnership.

Both me and my ex shares responsibility for our child. If im working, ex looks after our son and when im off my son stays with me. Recently, we are planning to enrol my son in the nursery, as my ex is looking for a job

On the application for eeu2 under section 2, my eeu family member will be my son

Question:

1. In section 4 (retained right of residency in the uk) of EEa2 application, what category is best for me to choose? Can I still tick the section 4.1 as the reason for me to have the right of residency is divorce/annulment/ dissolution of civil partnership, despite of not having any proof that we ended our relationship? Or

2. Should choose the section
8 (eea national family member as a student) or

3. Section 9 as self-sufficient eea family member. Where my eea family member becomes dependent on my income.

Any help will do. Thank you!