Polish wife struggling to divorce from her children's father , meanwhile having an Algerian finance

[ummibrahim]

Hi, there is a Polish woman, 4 years on now, she is struggling to divorce form her children's father. They don't agree on custody. Meanwhile she has an Algerian partner now for 4 years, their relationship is genuine. What about the unmarried partner application? The Algerian finance's passport is expected, he is illegal in the UK. Does the polish wife need to work full time or part time should be enough , to be a sponsor of the Algerian. EEA regulation applies to her, as she is Polish, she does not need to earn £18.500 a year, does she? What about if she has the British passport already? Can she still only start the Home Office application as an EEA member?
Thank you

[ummibrahim]

I mean the Algerian man's passport is expired already.

[Casa]

I mean the Algerian man's passport is expired already.

Is this question for yourself or a friend

[CR001]

I mean the Algerian man's passport is expired already.

Is this question for yourself or a friend

I was wondering the same thing given the OPs other topic is for a Hungarian wanting to marry an Algerian overstayer!!

[ummibrahim]

I mean the Algerian man's passport is expired already.

Is this question for yourself or a friend

I was wondering the same thing given the OPs other topic is for a Hungarian wanting to marry an Algerian overstayer!!

I know, is quite similar situation, but this Polish-Algerian couple are already together for 4 yrs. Can they have the unmarried partner application? Do they necessarily have to wait for the polish woman's divorce paper?

[Casa]

An Unmarried Partner application will be refused unless they are able to submit a divorce decree absolute (or the equivalent).

[ummibrahim]

An Unmarried Partner application will be refused unless they are able to submit a divorce decree absolute (or the equivalent).

Thank you, I see. So surely she need to divorce first from her children's father.

[Obie]

An Unmarried Partner application will be refused unless they are able to submit a divorce decree absolute (or the equivalent).

Not always the case, there are cases were a person is not able to divorce due to religious or other personal reasons. I have encountered case where the succeed. Having a divorce does assist, but not always determinative.

[Casa]

An Unmarried Partner application will be refused unless they are able to submit a divorce decree absolute (or the equivalent).

Not always the case, there are cases were a person is not able to divorce due to religious or other personal reasons. I have encountered case where the succeed. Having a divorce does assist, but not always determinative.

Obie, did any of these successful cases include an non-EU applicant without any legal status?

[Obie]

Well normally the question of whether someone is in a Durable relationship, is different from whether they should be granted a residence card on the basis of such relationship.

In determining whether they are entitled to residence card based on their relationship, the Home Office will consider the overstaying.

The point I was making is not whether OP partner will qualify for residence or not. It is whether their relationship will be disqualified as not durable on the basis that one party has not had a divorce from a previous relationship.