what status for dependant

[naija99]

Can Amber or anyone else advise a dependent wife which application she can apply for?
Her husband was on hsmp 2007-2009 then tier 1 2009-2012 but was refused ILR in 2013 due to unspent conviction, he appealed and was given 2.5yrs under human rights.

His wife who had arrived as a dependent in 2011 then applied for FLRM as she hadn't completed 2 years, she has now been refused as husband isn't present and settled. Can she appeal or is there any application she can make? Can she be joined to his 2.5yrs that he was given under human rights?

Thanks in advance

[Amber]

She can appeal and argue family/private life as the husband did, the husband won't be able to settle until 2017.

[naija99]

Thanks amber
He actually first arrived in sept 2004 on tier 4 so hopefully can settle in sept 2014 but the conviction will not be spent until feb 2016 so I suppose he'll still be in the same boat, no?

How strong will her appeal be as she's only been here since 2011, they have a child born in 2008 attending school.

[Amber]

It doesn't matter if the conviction is spent or not. For a non-custodial sentence, once 24 months has lapsed since the date of conviction, that should be ok.