Permanent German Visa holder immigrating to Ireland

[kmaster]

Hi, Friends!

There is a big confusion in my case. I would be very grateful if you can give me an advice.

My question is "Why can't I obtain Permanent Irish Residence Permit, or why do I need any, if I have a Permanent German Visa?"

To give you my background, I list my history.
* I am non-EEA national.
* I was living and working in Germany since 2007.
* I got married to a (non-Irish) EU citizen in 2009.
* I obtained the permanent German Visa as a spouse of EU citizen in 2014.
* We moved to Ireland in 2014.
* We are working together as sole trader, having enough income.
* I have an Irish Residence Card (Spouse Visa) expiring in 2020. The immigration officer said, "Ireland is not in Schengen, so I the German Visa does not count in Ireland."

But, as I search for German documents and others in the internet, EU law entitles me for Permanent Residence Permit in all EU countries. Can I convert mine into Permanent Irish Residence Permit?

It was very hard to find this kind of case in this board. If you have answered for the same case elsewhere, please give me the link.

Thank you for your help!

[CR001]

But, as I search for German documents and others in the internet, EU law entitles me for Permanent Residence Permit in all EU countries.

Where exactly did you find this information and which EU law tells you this?

PR from one state is not transferable to another state. You need 5 years in EACH state to gain PR status as far as I understand.

[shpirtshqipe]

I agree with CR001 on this one.

You will need to sit and wait the full 5 years in Ireland in order to obtain the Permanent Residence.

Similarly should you decide to permanently return to Germany I would advise caution in case your German Residence Card is also affected

[jlad]

As far as i know German permenant residence would not be valid nor transferable to Ireland.

There are generally 2 types of permanent residency, Settlement Permit (Niederlassungserlaubnis) and permanent residence permit for EU citizen's family (Daueraufenthaltskarte). The difference between them two is that Settlement permit is for spouse/Family of german citizen under German national law and the other is spouse/family for EU citizen under EU law.

However, if you are the permanent EC resident Card holder issued by Germany, you are allowed to move to any other EU Country except, UK, Ireland and Denmark.


'Residence permit for third-country nationals who have acquired the "permanent EC resident" title in another EU Member State

This residence permit will be granted to a third-country national who wishes to live in Germany for longer than three months. To obtain this, he or she must
have a "permanent EC resident" title from another Member State of the European Union; except the United Kingdom, Ireland and Denmark, to which the Directive concerning the status of third-country nationals who are long-term residents does not apply'

Read more: http://www.bamf.de/EN/DasBAMF/Aufgaben/ ... -node.html

https://service.berlin.de/dienstleistung/325475/en/

[mgb]

The irish officer was right. A permanent residence card due to article 20 of the eu directive 2004/38 give no right for a visa free entry in a other eu country. It is a error in the directive. The schengen countries repaired this error and gave visa free entry via schengen law but Ireland is not part of schengen.

[mgb]

@jlad
You are refering to a permanent residence card due to eu directive 2003/109.
Denmark, UK and Ireland are not bound to this directive.
The OP doesn't hold such a card anyway.