can we apply for settlement visa?

[spanish]

I'm a Spanish national and I've working in UK for the past 7 years. I'm getting married in two weeks time to a visa national. We consulted a lawyer and he said we can't apply for a spouse visa as I don't have a permanent residence stamp in my passport and the only route for us was the european family permit and I phoned the Home Office and they confirmed the same.
Now I've read in the post about the new law from April that gives europeans permanent residence after 5 years. Does that mean we could apply for the settlement visa instead of the family permit even if I don't have the permanent residence stamp in my passport? I've tried reading in the IND website about that law but it's not exactly in plain English, so I don't understand what it says, could somebody explain it to me please?

[flyboy]

You should first apply for the permanent resident visa by filling out form EEA 3 and have it stamped in your passport before applying for a spouse visa . Without this permanent resident visa your spouse to be, will have to apply for the EEA family permit

Here's the link to the application form :

http://www.ind.homeoffice.gov.uk/6353/1 ... rmeea3.pdf