ILR after EU Acession Date

[popeye]

Guys, quite a topic for the new EU Citizens
E8, and most probably (RO, BG) - E2 as well.
This is what HO is saying:
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

9. Permanent Residence
A8 Nationals and their family members are eligible for permanent residence once they have exercised their Treaty Rights in the United Kingdom for 5 years.
The time spent in the United Kingdom prior to 1 May 2004 does not count towards the qualifying period for permanent residence. However time spent as a registered worker on the WorkersRegistration Scheme will count towards the qualifying period.
If we receive a request for permanent residence the applicant should be informed that /she does not qualify for permanent residence and will only be entitled to a document certifying permanent residence when s/he has exercised Treaty Rights for 5 years in the United Kingdom. S/he should also be told that his/her application will be treated as withdrawn after 28 days unless s/he indicates in writing, that s/he wishes to continue with his/her application.
A letter informing the applicant of the above can be found at Annex F of this chapter.
NB: Employment prior to 1 May 2004 does not count towards the qualifying period. This would also include people in self-employment under the ECAA association agreement or those who were granted leave to enter or remain under the Immigration Rules in categories leading to settlement. Should the applicant choose to continue with the application, s/he should be refused on the basis that s/he has not exercised Treaty Rights for 5 years in the UK. Please refer to Chapter 6 for details on refusing permanent residence.

I have asked EU Advice Organization on the issue and they also said that the Counting starts again from the accession date and this is because from the date of accession the Meaning of European Citizen is taking over all National Immigration Categories applied to the new members, if not there will be a clash between the Immigration Law of given state and the EU Law.

What somebody's solicitor actually said in diferent query, is that a Person from the E8 countries – (His Client) have received IRL , and practically making the above stated in the IDIS absolute rubbish, a lot of gibberish and absolutely misleading Information to their(HO IND ) workers.

There are three possibilities:
1. The Solicitor is Lying and trying to get more prospective clients
2. HO Worker Have made mistake and practically issued IRL - Wrongly
3. They HO are publishing Wrong information and have not updated their published IDIS site to the policy they actually apply.

What Do Guys Think Of the possibilities ...who is wrong, or is just my imagination?

[popeye]

4-th possibility is that:
They HO IND have counted Years under ECAA as counting toward qualifying, which again is clearly stated above, the IND workers should not do so, and doing so they have actually confirmed that being self-employed under ECAA before the accession date is considered to be a exercising of Treaty Right, yet IND have wrongly published information or have not changed the Published Instructions to the Instructions that they actually have "Maybe" applied:

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Right of establishment - Self-Employment (ECAA Agreements) :
1.(Right of establishment – Under the Agreements (art. 45-49 in the different Agreements), once entry and stay obtained, the National institution of given country(UK in this case) have guaranteed the:
2. Right of Residence to "Third Country National” trough Self-Employment.

This is equal to exercising of Treaty Rights EC:
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Treaty Rights for Self-Employment:
1.(Right of establishment - Article 43 (ex Article 52) guarantee the:
2.Right of Residence to "Union Citizen" trough Self-Employment.


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Therefore they have issued the ILR counting 3 years of Self Employment under ECAA Agreements as exercising of treaty rights and 2 years after the accession date either under employment (WRS - 1-st year) or self-employment EEC.

I give up on this, somebody is lying or doing mistakes...