Wife's case - apply for ILR using SET(M) OR FLR again

I'd like to get some advice for my wife's visa case, which has baffled us a little bit.

1. My visa between 2007 and 2012 was a Work Permit. We got married in November 2011, and she applied for a visa and was granted leave as the spouse of a Work permit holder from 28/11/11 to 15/10/12 (when my visa was set to expire).

2. She then applied for an extension (on time using the postal route) using the FLR(M) form which was granted on 12/03/13 vand valid till 12/09/15.

3. However, I think there was a mistake made by the Home Office in this case, as her extension was granted incorrectly under the rules that came into effect on/after the 9th of July 2012. Appendix FM paragraphs D-LTR1.1(a) to (c) as the original application for a spouse dependant visa (28/11/2011 to 15/10/2012) was made prior to the rules coming into effect.

4. We have written to the UKBA/UKVI several times to try and get this rectified, and have not received any responses or acknowledgement from them.

5. One of my colleagues was in the exact same situation, and went ahead and made an application for Settlement via the SCS and then a PEO - and was granted Indefinite Leave to Remain.

6. I believe she is in a similar situation, having completed the 27 months probation period required for entrants into the UK before July 2012, has passed her the Life in the UK test and should be eligible for ILR rather than waiting 2 more years.

Would appreciate any feedback or comments from people who can shed any light on this matter. Thanks in advance.

Anyone?

when (exact date ) did she apply for FLR (M)?

mnaeem126 wrote:when (exact date ) did she apply for FLR (M)?

Received by HO on 15/10/12.

I have been in touch with the Settlement Checking departments of a couple of councils (Wandsworth and Southwark), and they are reluctant to take on the case as she was not on a "Spouse Visa" for 2 years.

I am slightly unsure what the technical differences between a "Spouse Visa" and that of a "Work Permit dependant" are, as she came over to the UK as my spouse - and thus would that not be the same?

Anyone?