EEA 4 CONFUSED

[warden]

Hi everyone
Need some help
I am non-EU,came in the UK in 2007 by TWES
In 2009 married EU,08/2009 Residence card granted
08/2014 Residence card expired
My wife has been working 2006-2012 full time
In January 2012 stopped working because of pregnancy
June 2012 we had a baby(Child has got British passport)
In September 2013 my wife stared to work part time.
UKBA says I can`t apply for PRC using EEA4 because my wife was not exercising treaty rights for 5 years( since I had my Residence card) and I have to extend my RC using EEA2 form.
Is maternity leave counts as ETR in UK?
What should I do?

[Obie]

Did they refuse your EEA 4. Because that is not correct in law.

You wife already has PR.

[warden]

I have not applied yet,because at least three people from UKBA(every time I called there was different answer)told me the same thing regarding my wife working years.Doesn`t seem right to me,because according to what they say my wife has to work continuously for 5 years(not having babies)

[dalebutt]

What did you expect when you were calling the UKBA customer services for advise on a potential application? They are not an immigration advisory services and at most clueless as to most of the the advice they offer. Go ahead with submission, you already have PR.

[warden]

Thanks a lot