Is this right??

[mauritania]

My partner is from Mauritania but has lived in Spain for over ten years.
He says its permanent residence he holds. (How do you check this?)

The immigration officer at local garda station says he can enter without a visa when he likes.
Rang INIS they say no.

Last time he entered he was made wait, told he was being sent home because he had no return flight booked. Then he got asked did he have a spanish residency card, he produced it and they let him in.

Whats correct here?

[Directive/2004/38/EC]

What is your citizenship?

What exactly is the Residence Card that your husband holds?

Where do you and he live?

[mauritania]

I'm Irish

He has permanent Spanish Residency

I live in Ireland and he is here too because we've put in a residency app.

He's not my husband btw, but we do have an Irish born daughter together.

[Directive/2004/38/EC]

Exactly what kind of Spanish Residence Card does he have? Was he previously the family member of an EU citizen in Spain?

[mauritania]

His card says:
residencia larga duracion - long term residence

No he has no other Eu family members

[Directive/2004/38/EC]

Very interesting. Sorry I don't think I can answer your question with any sort of wisdom.

Ireland recently started accepting no-visa family members of EU citizens who have a Residence Card (for family members of an EU citizen). That does not seem to be what your husband has.

Maybe they knew the new rules at the border but did not know that your husband's card was not the right type.

Or maybe they are happy to accept the kind of card your husband has.

It MIGHT be interesting to ask next time you enter. Or it might be worth keeping quiet for now...

How many times has he entered Ireland without a visa? How many times has he produced this card and been allowed to proceed?

It is lovely all the thousands of different kinds of flowers and residence cards bloom under the sun!

[mauritania]

I'll keep looking for info on it but don't think I'll chance asking if he has to enter again

His visa was still valid when he entered but they were trying there hardest not to let him enter until they thought to ask for the residency card. When they asked what type it was he said permanent.

Reading this makes it seem like he can:

3. It is hereby declared that the following classes of non-nationals are specified as classes the members of which are not required to be in possession of a valid Irish visa when landing in the State:

(ii) a valid permanent residence card, or

(iii) a valid residence card;

taken from http://www.irishstatutebook.ie/2011/en/si/0146.html

[Directive/2004/38/EC]

Reading this makes it seem like he can:

3. It is hereby declared that the following classes of non-nationals are specified as classes the members of which are not required to be in possession of a valid Irish visa when landing in the State:

(ii) a valid permanent residence card, or

(iii) a valid residence card;

taken from http://www.irishstatutebook.ie/2011/en/si/0146.html

Not so fast :-)

“permanent residence cardâ€

[mauritania]

Ah thank you!

There was me thinking it all sounded to easy!

[Directive/2004/38/EC]

If it sounds easy, there must be something wrong...

[fatty patty]

Have you lived and worked in Spain before moving to Ireland? I think the immigration officer realized that he is a de facto/common law spouse of EU national and here to join them (which is right according to the directive). On his own basis your partner cannot enter Ireland or infact any other EU country without visa (except Spain ofcourse and those states who allow maurtainians entry without visa) and has to rely on you to either traveling with you or to join you.

[mauritania]

I'm Irish. But yes, did live in Spain on and off for a while. He has entered France, Germany, Portugal before on Residency card long before baby was born.
I dunno I'm starting to think that maybe they thought he had the right type of card and didn't want to argue further!