Have looked at Directive 2004/38/EC but still need help!

[Jwana]

Hi there

My partner (Kenyan national) and I (Australian but dual nationality in UK) have been in a relationship for 5 years but are not married.

We lived in the UK together for almost 4 years but my partner overstayed his visa (unbeknown to me), was detained and after fighting his case for 4 months he was removed back to Kenya more than a year ago now.

I have been dividing my time between Kenya and the UK since then but we are now looking at a move to Europe which is what our UK immigration lawyer suggested to us when he was in detention - however, at that time I only had UK residency but not citizenship as I do now.

I have tried wading through the Directive but I am not sure what rights we have in terms of visiting and/or moving to an EU country outside the UK. So I have put some questions below regarding both visiting the EU & settling there - if anyone can help to answer any (or all!) of them, I'd be very grateful. And if there are any other issues/aspects I should consider, then I'd also be grateful to be made aware of these.

As my partner, would he be able to get a visa to visit the EU with me even though he has previously overstayed in the UK? If we wanted to settle in an EU country would this also be possible given his past detention in the UK? If I am residing in Kenya and we apply for him to visit an EU country with me, does it matter that I am currently in Kenya and not the EU? Finally, if we can apply for an EU visa for him based on our partnership, how could we prove this given that we're not married?

Many thanks!!

[Directive/2004/38/EC]

Since you are not married, the standard of proof of the relationship is a lot higher.

You can move to any other Eu member state. But application may take longer. You do not need to be in Kenya with him when he applies, but you need to be willing to be interviewed if needed.

[Jwana]

Hi Guru

Thanks for that information.

We have talked about getting married (not connected with settling in the EU) but now we're concerned that this will be treated with suspicion if we marry now & then apply for my partner to travel to an EU country!

Also, in terms of where I'm residing at time of application for my partner's visa - as I am likely to be in Kenya at the time would this be an issue?

Thanks again!

[Directive/2004/38/EC]

Being in Kenya is fine. No problem to be with your wife!

[Brigid from Ireland]

There is no problem that I know of with regard to getting married, especially as you can show you have been in a relationship for a long time. So the easy route is to get married, then apply to travel to any EU country (other than the UK). Ireland is the best option, as it is the same language.

So you send a copy of your passport, his passport and a valid original marriage cert and you apply for the Irish 90 day visa for him. You say on the application that the EU citizen wants to work in Ireland and wants to travel to Ireland to look for work, accompanied by their spouse. Then you travel together to Ireland once he has the 90 day visa, and then you both get pps numbers (like the Uk national insurance ni number) and then you the EU citizen needs to get a job. Once you have a job he can apply for a long term Stamp 4 EU FAM visa to stay in Ireland long term.

6-12 months later he can go to the UK with you using the same method.

[Jwana]

There is no problem that I know of with regard to getting married, especially as you can show you have been in a relationship for a long time. So the easy route is to get married, then apply to travel to any EU country (other than the UK). Ireland is the best option, as it is the same language.

So you send a copy of your passport, his passport and a valid original marriage cert and you apply for the Irish 90 day visa for him. You say on the application that the EU citizen wants to work in Ireland and wants to travel to Ireland to look for work, accompanied by their spouse. Then you travel together to Ireland once he has the 90 day visa, and then you both get pps numbers (like the Uk national insurance ni number) and then you the EU citizen needs to get a job. Once you have a job he can apply for a long term Stamp 4 EU FAM visa to stay in Ireland long term.

6-12 months later he can go to the UK with you using the same method.

Hi Brigid

Thanks for that info. Can I just clarify a couple of points re the Irish visa application procedure?

Are you saying it would be easier to be married in terms of providing evidence rather than to try to prove that we have been together for a number of years? Also, are we able to still go down this route even if I don't get a job but can prove I am self-sufficient financially? Finally, can we start the application process from Kenya as that's where I'm currently based - & my partner too obviously!

Sorry for all the questions & thanks for your help.

Cheers
Jo

[Directive/2004/38/EC]

If you are married, the evidence of the relationship that you need to show is a marriage certificate.

[Jwana]

If you are married, the evidence of the relationship that you need to show is a marriage certificate.

Thanks - yes I understand that part. I was just wondering how much evidence we would need to provide to show that we have been in a long term (unmarried) relationship, but have now found a list of example documents on the Irish immigration website.

I'd still like to try to get some answers to my other questions though if possible....

[Directive/2004/38/EC]

Since you are not married, you need to show that you have a long and close existence together.

Property you own together. Or trips you have made together. Or leases. Or children. Or business you run together.... Think wide. Or photos you have together taken each June 13th for the last 10 years....