Zambrano vs Family Leave to Remain

[mummy21]

I am a non-EU/EEA citizen and arrived in the UK in September 2016 on a Tier 2 visa. I overstayed from February 2018 and gave birth to a British citizen the same year (father is settled and we are not in a relationship). I am the sole carer for the child and the father has only agreed to get the child a passport but contributes in no other way. I plan to use the child's passport to prove she is a British citizen.

I would like to regularise my stay. I wanted to know which is my best option
1. Derivative rights as the carer to a British citizen (Zambrano)
Or
2. Family leave to remain as the Parent rent of a British citizen (10 year route)

My understanding is to apply for FLR(P) 10 year route I must be in the UK lawfully, as I am outside immigration rules right now would this automatically result in a refusal?

Is it safer to apply for Zambrano first to regularise my stay before applying for FLR(P)?

As my relationship with the father is acrimonious at best, after my child's passport expires (in the next five years circa 2024) , do i still need his help to renew my child's passport?

Is there another way to prove my child is British aside from his passport if I am not involved with the father?

[CR001]

See topic below. Zambrano likely does not lead to PR/ILR.

indefinite-leave-to-remain/will-i-quali ... 61942.html

FLR(FP) is probably the better route. A British passport is just a travel document by the way, so if you don't have one at a visa extension it is not a too much of an issue.

[mummy21]

Thank you that is very helpful. I will take this route. I hope my immigration history does allow me to stay.

Without my British child's passport (as he gets his status from his father and our relationship is acrimonious at best) how do I prove my child is British as the father would not avail his documents for my application?

[ttaibee]

Please read the information below before you apply as zambrano now leads to ILR. There was a new law that came out March 7th 2019
Unfornately i couldn't find a way to attach the information.