Should I have applied for ILR instead?

[lunatfr]

Hi,
Had a bit of complex immigration status lately for my spouse. I am a naturalized Uk citizen and my spouse joined me in 2007 when I was on HSMP. She was out of uk for 2 years since feb 2010 when her dependant visa expired as well. Also since she was outside uk I could not apply for her ILR with my application.

Eventually I also acquired citizenship without her and had to re-apply for her visa. After asking home-office call centre, they suggested she will need to apply as "spouse of Uk citizen" and not ILR. Which she did and has got 2.5 year visa. I understand that the new law of waiting for 5 years would not apply to her as she received her visa before 9 july 2012.

- She has already spent 2 years in uk from 2008 to 2010 before she lived outside uk till 2012. When would she be eligible to apply for ILR?

Thanks for going through my question. Really appreciate your comments.

[asim72]

Her qualifying period for ILR will be 2 years from her actual entry into UK on her current visa.
(Can actually apply 28 days before 2 years are up)

[lunatfr]

Thanks for your reply,

so there is no advantage of her living in uk for more than 2 years during previous years. And would just be counted as fresh dependant.

[asim72]

Didn't get if you were making a comment or asking confirmation of what you think.

Anyways, her previous stay (2008-2010) is now wiped off for all practical purposes.