Dependent ILR: WP to Tier 2 Swith in Aug 2012

[hihowareyou]

Hi all,

I wonder if you could help me with a query with my wife's application for ILR.

Facts:

- I got Work Permit visa in Aug 2008. Wife switched to WP dependent visa in Dec 2008.
- I just got a job offer and switched to Tier 2 in August 2012 (therefore after the rule change from 09-July-12. Wife switched to Tier 2 dependent in the same time.

My question is that when we apply for ILR together in July 2013, which rule applies to my wife (2 year rule or 5 year rule)? I have copied the Immigration Rules below, but not sure whether she would quality for "granted leave before 9 July 2012" as our previous leave was work permit rather than the Point Based System.

If not, does she need for another 5 years since our new Tier 2 application in August 2012?

Extract of Immigration Rules:

319E (d) The applicant and the Relevant Points Based System Migrant must have been living together in the UK in marriage or civil partnership, or in a relationship similar to marriage or civil partnership, for at least the period specified in (i) or (ii).

(i) If the applicant was granted leave as the Partner of the Relevant Points Based System Migrant under the Rules in place before 9 July 2012, and since then has had continuous leave as the Partner of the Relevant Points Based System Migrant, the specified period is at least 2 years.
(ii) If (i) does not apply, the specified period is 5 years, during which the applicant must have had continuous leave as the Partner of the Relevant
Points Based System Migrant, and during that period have met all of the requirements of paragraph 319C(a) to (e).

[hihowareyou]

please help!