Kitty, thank you for your reply. So at the moment EEA3 and EEA4 application forms are for all EU citizens but not Romania and Bulgaria. The way it looks the forms should be updated after 1/01/12 to include them. I believe HO made a mistake in Feb 2007 -they issued me a yellow card for self employment and just a 5 year dependent visa to my wife - shouldn't been a blue card with no limit to work for her?? At the moment I'm very confused with all this - should I wait after 1/01/12 for the new forms to be updated and then apply using the EU law and not the ILR British law? Or should my wife apply again and receive a blue card ( is it BR5 or BR6??)Kitty wrote:Directive, I think that houser is the Romanian national, and his wife is non-EEA. So for PR purposes, it doesn't matter what she's been doing.
See also: Bulgarian and Romanian nationals: questions and answers (pdf) available here:
http://www.ukba.homeoffice.gov.uk/eucit ... iveworkuk/
It helpfully says:
Although the guidance for long residence does state that discretion should be exercised in favour of applicants who fulfil all the other requirements of the Rules, where their 10-year residence includes periods under the EEA regulations, I cannot see why you would want to make an ILR application in those circumstances when you will acquire PR in any event.Permanent residence under EU law is a right provided by Directive 2004/38/ec to all EEA Nationals and their family members. To be a permanent resident under EU law you must have resided in a member state, as an EEA national, exercising a treaty right, for five years. As Bulgaria and Romania joined the EU on 1 January 2007 Bulgarian and Romanian Nationals will start to become permanent residents of the UK under EU law from 1 January 2012.
Help!