EEA Res Card but different British Partner & Child Now

[vicky2099]

Hello all friends,
I have an immigration enquiry and I do hope so that you will help me. My friend told me about this forum.
I was married with an EU national in Feb 2013 and we separated after 1 year but not divorced yet. And then I started living with a British national and now I have a baby boy from my British partner. My son is 4 months old and I also take care of my son.
I don't know what shall I do and can I switch my EEA 5 years permit for another visa to remain in the UK on the base of my child. And if I apply which visa I will get. Or is their any chance I can get ILR.? And before I apply do I have to divorce the EU partner?
cheers

[Obie]

If you and you EEA partner are still married, then you have a right to reside until you are officially divorced, provided he is exercising treaty rights in the UK.

If he has left the UK, then you have no right to reside.

If you have a British Child, then the most probable option, is to apply as the parent of that child, provided of course you are not in a relationship with the father.

If you are in a relationship with the father, you will not qualify, unless you have been together for 2 years or more.

You may be able to qualify as the mother of a British child, provided there is no relationship with the father.