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Hi everyone,
I would like to know if it is possible to apply for an EEA family permit and EEA2 in the following case:
1.BC and non eu citizen have been living in Italy for about last 6 and half months.
2.BC exercised treaty rights as a student enrolled in a language school where he was studying Italian part time for about 3 hours a week.
3.Both BC and non EU citizen had health insurance.
4.NON EU citizen holds Italian residence card issued under EU directive.
5.Documents to prove residence in Italy include: Rental contract for a room, enrollment letter from the language institute, police registration etc.

I understand that under C-456/12 the EU citizen can exercise treaty rights in any category but not quite sure whether the application for a Family permit would succeed at the moment since the UK hasn't ammended the regulations as of yet.
So would it be wise to wait until the ammendments have been made or to apply for a family permit regardless.
Any thoughts/suggestions would be highly appreciated.
Regards.

No one has tried SS yet as a student, even though technically you are eligible for a right of residence in the UK because of Case C-456/12. You are likely to be rejected though, although you can fight this in court if you've got the stomach for it. You will more than likely eventually win but the appeal process could take 1.5-2 years in the worst case scenario. It's disgusting that you'd be legally in the right and yet have to suffer the consequences of the Home Office's illegal actions.

I agree with you in entirety save for the time scale for an appeal.

I believe an appeal may not take as much as 2 year.

I will say about 8-10 months for places like London where there is a huge back logs.

Manchester, Birmingham, Glasgow are been listed within 3 months of the filing of the notice.

Obie perhaps rosebead was meaning to say in the event the appeal should not succeed at the first tier, then applying for permission and waiting waiting time at the UTT, 1.5 year would be a reasonable prospect in that instance.

Yes i accept things are bad, but i am not sure, even taking into account the extreme scenario you mentioned, that a person may have to wait that long.

I usually associate that time frame with a CJEU reference.

But things might have deteriorated to that level by the time a decision is taken on OP's case, that is if she were to apply, and a negative decision is then appealed

Thanks for your reply.
A friend of mine had his FP approved under student category recently even though it was refused initially.So i guess it's possible to succeed under C-456/12.
I was wondering what documents would be required if someone wanted to apply under self-sufficient category?
Also:
http://www.nyidanmark.dk/en-us/coming_t ... er_eu-law/

I believe Netherlands is also applying the law correctly and has extended the regulations to cover inactive persons under SS.
If these two countries are applying the EU law correctly then I'm sure UK must have to or will have to eventually.