do i have any chance of regulating my status

[tracy56]

hello
i have a child of 6months who is a british , and the father has left me to meet his wife in another country , he never told me he was married before , now things is not easywith me cos am a overstayer . i have an immigration history before when i apply for EE2 which was refused 3 times with right of appeal which i didnt win hence i was told to leave uk 2yrs ago ,my brother that help me with the EE2 THEN has relocated back to germany cos he complain uk is expensive to live in .
well i did not leave cos i was scare of hardship that await me in my country if i decide go back home ,
can i apply through FLR [O]
BUT my passport is with the home office
is there any hope i will be granted leave to remain

pls i need accurate advices , pls pls ,

[justice12]

If your baby is British and you can prove that to the HO, you my apply under the zambrano ruling , witch is free but you need to show that you are the sole carer of your baby, also you need legal assistance for that as is very complicated case of law , or you my apply under article 8 human right , some solicitors my get you legal aid , so is free. but i advice you to seek legal assistance as our case is not strait forward , good luck.

[Kitty]

tracy56, the informaiton about how to apply for a Residence Card is here:

http://www.ukba.homeoffice.gov.uk/sitec ... ish-carers

You need evidence to prove:

1. Your child is British
2. You are related as claimed to your child (i.e. the baby's birth certificate naming you as the mother)
3. Your child is dependant on you

If you say a bit more about your immigration history, and the baby's father, then we might be able to suggest what kind of evidence you could provide.

For example, what kind of visa did you originally have to come to the UK? Is the baby's father British? Do you have any documentary evidence of the citizenship or status of the baby's father?

[tracy56]

yes my child is british , i have the birth certificate , and am overstayer . i dont even have money to pay for the home office appliacation or to lawyer , or to pay for the english exams that i heard is a requirement.
before i can gather the money for the fees[ english exams and lawyer and home office fees] it wil take me till december , and i heard from october , that all overstayers appliacations will be automatically refused ,
i really dont know what to do now at the moment
any advice

[tracy56]

thanks all for the link , am gratefull , i just read the zambrano ruling , i will apply thro that now cos that is free ,.
i will meet a lawyer that will assist me throu legal aid .
to answer ur questions , i came here thro a lady , home office have my history of my immigration .case.

[tracy56]

and i dont have the baby father passport but i have DNA test which i did for him and the baby when i gave birth .