Applying through right to family ( please help)

[spindoc]

I am due to apply for my ILR as my partner is a british citizen and i have completed the 5 years spouse visa. However have been seperated for 3 months now and we have a 16 month old daughter. i would like to apply through the family route as the father of my daughter who is british ( via her mum). Am i still to apply for ILR or another visa?

[CR001]

You don't qualify for ILR if you are not in a subsisting relationship with your spouse. Your spouse also has an obligation to complete the required forms and inform HO of the breakdown of your marriage.

It sounds like you are under the pre July 2012 rules if you have been in the UK for 5 years. What date did you apply for your spouse visa?

An application based on your child is not ILR. You have to apply on FLR(FP) parent route, which is either a new 5 year or 10 year period to ILR.