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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?
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?