Settlement of Spouse Who has already completed two years

[london23]

I would like to inform you that I have been granted ILR on the basis of 10 years long residence and prior to ILR, I was on a Tier 4 (General student) visa along with my dependent.
To "switch" into further remain as the partner of a person who is present and settled in the UK, my spouse applied for further leave to remain on form FLR(M) in Feb 2014 at PEO-Croydon and received her decision in August 2014.
According to the immigration rules part 8 paragraph (287(a) (i) and (d) of the immigration rules stated below:
287. (a) The requirements for indefinite leave to remain for the spouse or civil partner of a
person present and settled in the United Kingdom are that:
(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27
months or given an extension of stay for a period of 2 years in accordance with
paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the
spouse or civil partner of a person present and settled in the United Kingdom; or
(d) the applicant was admitted to the UK or given an extension of stay as the spouse
or civil partner of a Relevant Points Based System Migrant; and then obtained an
extension of stay under paragraphs 281 to 286 of these Rules and has completed a
period of 2 years as the spouse or civil partner of the person who is now present and
settled here;
My spouse was Tier-4 dependant from January 2012 to March 2014.
as paragraph (287(a) (i) (d) and 287(a) (i) (e): states that if main migrant's immigration category before settlement was under PBS - The dependant may be eligible for settlement when the dependant completes the qualifying residence period in the UK including stay as dependant of PBS migrant and stay as spouse of settled person.
The UKBA has long clarified this existing ambiguity by confirming (see below) in all other cases that - The dependant may be eligible for settlement as and when they fulfil the requirements of the relevant subsection under 287(a)(i).
Paragraph 319AA of the Immigration Rules confirms what a “Relevant points based system migrant” Therefore, leave as the partner of a person granted leave in one of these categories is appropriate for the indefinite leave requirements in paragraph 287(a).
My spouse clearly meets the full list of criteria outlined in the Immigration Rules and relevant Casework Instructions, particularly those relating to (287(a) (i) and (d). Does she still need to complete a probationary period as she has indeed already satisfied this requirement or she is ready to apply for ILR.

[Obie]

You are quite correct she should qualify.

However some Home Office official at some PEO are ignorant of the law, and some have even issued a 30months leave to people who applied under this category.

But you are totally correct in regards to the law, and the fact that your spouse qualifies for settlement.

[Amber]

Was your spouse given 2 or 2.5 years leave?

[london23]

hi Amber, she got 2yr visa. What I heard from 31st july new rules come out that everyone need to go for 2 years before apply ILR

[Obie]

The rule was in April 2014. But fortunately you were exempted from it, so even if you were issued With 2.5 years, that would have open to challenge, as not in accordance with the law.