Applying under EEA rules returning home after treaty rights

[docteurbenway]

Good day guys,

i have a quick question regarding the possibilty to apply under EEA Rules upon returning home after exercising treaty rights in another EU country.

Here is the possible scenario:

- Italian citizen(or any other EU citizen) living and working in France(or any other EU state) and is married to a Vietnamese citizen(or any other non-EEA citizen)
- Vietnamese family member has an EEA Family Member Residents Card issued by France valid for 5 years
- The couple decide to move back to Italy

Questions:

- Does national Italian law apply or can you ask to be treated under EEA Rules?
- How long must have the Italian national been exercising treaty rights to be able to claim EEA Route for non-EEA family member in Italy?
- What documents are needed to prove that the Italian has been exercising treaty rights in France?
- What is the legal basis?
- Does it clearly say in Directive 2004/38/EC that one can do this? If yes please quote passage.

Thank you so much!

[Jambo]

According to this blog Italy is providing equal rights to its own citizens as to other member state nationals so no need for "Surinder Singh", just apply as normal.

I would suggest you read the actual Italian relevant national law to verify it.

[EUsmileWEallsmile]

Good day guys,

i have a quick question regarding the possibilty to apply under EEA Rules upon returning home after exercising treaty rights in another EU country.

Here is the possible scenario:

- Italian citizen(or any other EU citizen) living and working in France(or any other EU state) and is married to a Vietnamese citizen(or any other non-EEA citizen)
- Vietnamese family member has an EEA Family Member Residents Card issued by France valid for 5 years
- The couple decide to move back to Italy

Questions:

- Does national Italian law apply or can you ask to be treated under EEA Rules?
- How long must have the Italian national been exercising treaty rights to be able to claim EEA Route for non-EEA family member in Italy?
- What documents are needed to prove that the Italian has been exercising treaty rights in France?
- What is the legal basis?
- Does it clearly say in Directive 2004/38/EC that one can do this? If yes please quote passage.

Thank you so much!

You are correct, the directive 2004/38/EC does not clearly state this, except perhaps article 3.1 (you need to read it closely).

That said, as Jambo pointed out there is established ECJ case law that treats a similar situation to the one you've described.
http://eur-lex.europa.eu/smartapi/cgi/s ... 0370&lg=en