ILR FOR Spouse

[ez_1234]

Hi guys,

I wonder if you can help me understand when my spouse can apply for ILR. Case is bit complicated so will summarise both of our visa history.

My VISA history
09/2007 - Student visa + 2 year psw till Feb 2010 (in time no issues)
03/2010 - 05/2013 Tier 1 1st extension
05/2013 - 05/2016 Tier 1 2nd extension
Tier 1 set O settlement visa made out of time in June 2016 (within 28 days of visa expiry) due to few issues - Switched to ILR on 10 years in October 2017 before decision on set O was provided. Refusal for LR application in April 2018 with FTT appeal right. Won FTT in July 2018 with decision provided in my favour in August 2018 with ICHR Article 8 ground for 30 months(due to break on 10 years continuous stay). Made fresh ILR application PEO Cardiff Oct 2018 and same day approval given. (Don’t know why they approved this application as I had only attached the ftt judgement copy along but no other documents/circumstances changed and was expecting refusal) but I got ILR same day.

My spouse’s VISA history
Student visa 01/2010 + on PSW when we married in Oct 2013.
Dependent on my tier 1 2nd extension from March 2014 till May 2016 when my tier 1 ran out. In same situation like mine - out of time set O dependent application made in June 2016 and then switched to FLR (M) in October 2017 with refusal in May 2018 with ftt appeal right. Appealed together at ftt and won — similar 30 months stay based on D-LTRP 1.2 of Appendix fm in reference to GEN 3.2 breach of article 8 allowed. But we haven’t applied for her ILR like I did for mine. Her 30 month runs out March 2021. (Out of 120 months for ILR)

Can someone provide a light on what can be done in this situation? Can we apply for ILR sooner than 120 months? We have child who got British passport after my ilr in Nov 2018 but I don’t think that is relevant here anyway What’s the best plan of action? If some one can advice.

Thanks in advance for taking time out to read my query and respond.