How soon can he apply for Permanent Residence?

[helpafriend]

Hi all,

This is my first post - so apologies if I make any errors in what I ask, or the way in which I ask it:

My Algerian friend was living in London, illegally, and came to Dublin to marry his wife in 2006. (His wife has joint UK / Irish citizenship). For the first two years of their marriage he believes he was still illegal, until he was given a 5 year residence order in 2008 which will expire next year, in 2013.

Their marriage was genuine, if rocky, and produced two children who were born in Belfast. They separated in 2011, but had been living together and apart on and off since the start of their marriage (due to various marital difficulties). However, his wife has been claiming benefits as a single parent for longer than that.

They are now discussing the practicalities of divorce. They have no issues about sharing custody of the children and have no assets to divide up, so it should be a straightforward process, unless his wife decides to be difficult, further down the line, if things become acrimonious.

My friend is concerned that a divorce will negatively impact his application for Permanent Residency. I understand that, provided the marriage included 3 years cohabition (which it did) and can be shown to be a real union (I believe the children are proof of this), he can still go ahead and apply for his Permanent Residency. The first part of my question is, is this correct?

The second part is - if the application for residency is dependent on 5 years legal status - does the five years start from the date of the marriage (2006), or the date that the 5 year residence was issued (i.e. 2008).

I have also heard that if his divorce includes specific visitation of the kids, that this visatation must take place in the UK or Ireland - and this will further cement his claim to Permanent Residence. Is this correct?

Another pertinent point - my friend lost his job last year and currently receives Jobseekers Allowance and Housing Benefit. However, someone who had given him sporadic, casual work, has now agreed to hire him, on a part time, permanent basis - so he will be paying income tax etc. I understand that there is a requirement that he be working 15 hours (minimum) per week to qualifiy for Permanent Residence. Is this correct?

His ex does not work - and has not worked for some years. She is in receipt of numerous UK state benefits and has no intention of seeking employment in the near future.

Sorry for the rambling nature of this post. I have taken the liberty of marking the questions I have in bold. I hope someone can help my friend, as he is just getting more and more confused about what is his best options to continue living legally in the UK / Ireland.

Many thanks,

(Fred) a friend

[Jambo]

The main issue in his case is finding out if his wife was exercising treaty rights as this is the basis for his stay. From your description it seems that the wife didn't work and were living from his salary (and benefits). If this is the case, the HO would expect them to have CSI (private health insurance) in order to count the years for PR. did they have such insurance?

[helpafriend]

Hi there. They were both working when they married at first - but she has not been working for a number of years.

I am not sure about the private health insurance... but I dont think so. They both lived in Belfast - and he has a National Health GP so I am not sure if that applies.

He worked consistently until the past year.

I dont know if any of this answers your questions. They hired an immigration lawyer at the time - to get the 5 year residency. I have suggested that he needs to hire a lawyer again to look after his interests re immigration (i.e. not just a divorce lawyer).

Many thanks,