From Workpermit to Spouse to ILR

[Niltinho]

Hi,
My wife and I are Brazilians Nationals, Sept last year I was on Work visa to complete 4 years in Oct 06, but my wife completed 10 years in UK and she got ILR, to have the freedom to look for other jobs I changed my visa for a Spouse visa. This year I complete 10 years in UK too in the end of June When I called HO to enquiry about applying for the Spouse visa last year, I was advised that I would not have the right to apply for my ILR in june and have to wait for my 2 years probation period of the spouse visa.
Can I apply for ILR in June?
As it happened more than once, get different answers from HO for the same question, I thought i would ask the above to this forum.

Thank you.

Nilton