ILR for romanian and south african dependent

[houser]

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:

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.

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.

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??)
Help!

[Directive/2004/38/EC]

In fact you do not need to use the UKBA forms when applying for PR. You could do it with a very clearly laid out letter and supporting documents.

The point is: do not get caught up in what exactly is on the form. You can apply, at the right time, with whatever form UKBA has on its web site.

[Kitty]

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??

Your wife apparently has a "Residence Card" (actually a sticker in the passport, but valid for 5 years as you describe), which is correct for the non-EEA family member of a Romanian who is exercising treaty rights (self employed, yellow card).

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??)
Help!

You can apply for confirmation of PR on 1 January 2007, as can your wife.

If you were in the UK under ECAA provisions before 1/1/07, then you may also have become eligible to apply for Indefinite Leave to Remain under domestic immigraiton law provisions (paragraph 222 -222C of the Immigration Rules) some time in 2008, but your wife would not have been eligible at that time.

Now you are both so close to acquiring PR, which is a simple application (and free!) , I cannot see a good reason for using the ILR route even if you qualify.