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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!

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.

docteurbenway wrote: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