non EU but parent of British child

[messam79]

Hi, I have applied in 2014 for eea application with my ex wife but the application was refused and therefore we have appealed and we were supposed to have court hearing on March 2016. During the appeal time we were separated and we decided not to continue together and I have now another partner from whom I have now a child (British ). I would like to apply for new stay and to discontinue the eea application ( withdraw the appeal).

Any advice on which route I should take ?? Should I go for 5 years route as a child parent or should I go for private life route ?

My child is now only 1 month old and I'm living with her and with my English partner.

[Obie]

Are you married to the EEA national?

You need to be very careful as you will still qualify under EU law if you are still married.

However if it is marriage of covenience it could have an adverse effect even on the British citizen child application.

You will need to thread carefully.

[messam79]

Thanks Obie , yes I'm still married with the EEA national but I'm trying to finalize the divorce from my country as we were married in Egypt.

If the divorce is finished and the appeal will he withdrawn, which route I should take to stay with my child ?

[kare15]

did you get answer to this