Unmarried partner relationship broken with child together

[xfella]

Hi, i applied as an unmarried partner of an EEA national and got my RC 6 months ago.. my partner and i have a son together but unfortunately our relationship has broken down. I visit my son often and most times have him with me on weekends, i also pay child support every month as my son means the world to me. I want to know the implication of this relationship breakdown if she decides to contact the home office that our relationship no longer exists... would i be able to apply for a permanent residence after 5 yrs? and would i have free movement to travel in and out of the country within the 5yrs... would i have problems at work if employers find out or be able to take new employment?

[Obie]

You have some problem .

How long has she been in UK, how old is your child and where was he born.

[xfella]

She has been in the UK for about 3 yrs now and exercising treaty rights... My son is just 5 months old.

[Obie]

She has been in the UK for about 3 yrs now and exercising treaty rights... My son is just 5 months old.

Is she threatening to report you to the Home Office?

You will not be able to provide for your kid if she did.

[xfella]

Yes... she is threatening... and i think i should be able to apply for a derivative residence card at least because of my child? but i think i cant apply for permanent residency 5yrs later with a derivative residence card.
Is there any chance that the HO wont cancel my RC even if she reports based on the fact that we share a child together? Would i av problems travelling in an out of the country and at my work place?

[Obie]

As you are not married, your protection is extremely limited.

You may succeed under Article 8/Article 7 of the charter of Fundamental rights. I dont think derivative residence is possible within the regulation as you are not the primary carer and you being required to leave the UK will not result in the child having to leave aswell.

[xfella]

What does Article 8/Article 7 of the charter of Fundamental rights say? on what basis can i be successful?
Are you sure a father of an EEA citizen doesnt have residency right when he is taking responsibility(financial and moral) of his child even though he is not married to the mother.
What do you think my chances are?

[Obie]

I don't think you meet any of the requirement in regulation 15A.

You may have a right under Article 8 , which protects the right to private and family life of a person.

Believe me, if you if you qualified under the regulations, I would most likely had told you.

[xfella]

Then i think am in deep mess and need to speak to a solicitor immediately.
There has to be a way out of this mess without getting back with her as the grounds of our break up in irreconcilable. All i just want is be a father to my son and still remain here in UK working and legal.
What about Zambrano case, Surrinder and co? they dont apply? can i get a court order to have joint custody?

[Obie]

Then i think am in deep mess and need to speak to a solicitor immediately.
There has to be a way out of this mess without getting back with her as the grounds of our break up in irreconcilable. All i just want is be a father to my son and still remain here in UK working and legal.
What about Zambrano case, Surrinder and co? they dont apply? can i get a court order to have joint custody?

Take it easy for the time being and see if Home office replies to you. Both Zambrano and Surinder Singh does not apply to your case.

I like giving hope to members if I can, and I also like to be honest too.

As much as I sympathise with your case, I will unfortunately say that the regulation as they are , are not applicable.

Try and be part of your child life and ensure any arrangement in place is formalised.

If you were a victim of domestic violence, there may be a way.

[xfella]

How do you mean domestic violence? Suffered by me? Does it have to be a reported case? Cos there was actually a case but I didn't report it.
Thanks so much for your help, I really do appreciate it.

[Obie]

How do you mean domestic violence? Suffered by me? Does it have to be a reported case? Cos there was actually a case but I didn't report it.
Thanks so much for your help, I really do appreciate it.

Yes, suffered by you. You need proof of domestic violence

It may help to get a court order granting favourable parental access that must be conducted in the UK .

[xfella]

Could it be possible to get this through proof of several infidelity on her part leading to the break-up?
Do you think this could affect my travelling in and out of the country at any time? and my work place with my employer?
You made mention of trying to be in my son's life and any arrangement formalised.. I send child support into my ex account every month and i have him with me once or twice a week, do you think i need to formalize the custody as well, if yes.. How?
sorry to bother you.
Thanks.

[Obie]

If you were a spouse it is much easier , or s spouse who suffered domestic violence.

In your circumstances your best chance is reliance on the child.