NEW MN1 FORM (DEC 2012) - WRS ISSUE!!

[ACIESIELSKA]

Hi there. I hope someone can help me on this matter.

My husband is a polish citizen and just now has completed his 5 years working and living in UK. We were about to apply for the BC for our newborn using April 2010 version of the form when I realized a new one had just come out (DEC 2012) adding a new topic on Section 3 - Parent who is an EEA national exercising EC Treaty rights .
The new form says: "Only when an A8 national has completed the necessary 12 months employment under the
WRS will they be considered to be in the UK and exercising their treaty rights. However, time
spent as a registered worker on the Workers Registration Scheme will count towards the five
year qualifying period for permanent residence"

Our problem is: My husband moved to London in OCT 2007 and started to work for his first company in November 2007. However, only in July 2008 he got told he had to apply for WRS. He never knew that! In this case, do we have to wait till July 2013 to apply for BC?? Will we lose this 8 months before WRS??
Really appreciate any advice!
Thanks in advance.