ILR for PBS dependant

[Rnaz]

Hi
I'm posting on behalf of a friend, kindly advise if you can.
She has been on HSMP, then tier1 for past almost 10 years, in 2012 she applied for ILR under 5 year period but was refused on grounds that she had spent too much time outside the country, she then applied for tier 1 extension which she got. Her husband also got the PBS dependant visa which was granted in 2013 ( it was postal application, applied in 2012 and got back in 2013).
Since then she has had another extension of tier1 for 3 years, which her husband got as well.
Now she has completed her 5 years again and will be applying for ILR.
The question is, can her husband apply for ILR at same time?
Lawyer says that any application made after 2012 for PBS dep means that dependant has to spend 5 years before qualifying, however the way I have read the rules, anyone who was granted initial PBS before 2012 falls under 2 year route. Her husband got the visas as her dependant for past 8 years, since the time they got married.

Please advise!

Thanks in advance.
Naz

[vinny]

If he was a PBS dependant continuously since prior to 9 July 2012, then he may be included in her SET(O) application, subject to satisfying all the other requirements in 319E.