UK citizen with Kenyan partner needs advice on EU settlement

[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!!

[EUsmileWEallsmile]

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