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.
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