Is my wife considered dependant for my ILR?

[ftinoco]

I’m applying for my ILR in November 2012. I have a WP since November 2007. My partner, (now my wife), came with a student visa in September 2007. She then transferred to postgraduate work visa and now has Tier 2 work visa. We have been living together for more than five years and we have been married for one and a half. (Together for 10 years)
I’m applying for my settlement with my family. However, a solicitor told me that my wife cannot apply as my dependant because she has her own visa.
I’m confuse since the guide for SET(O) section 3 states “You and your partner and/or children under 18 if they are applying as your dependants (if allowed by the relevant immigration rules - see below).“Partner” means a spouse, civil partner, unmarried or same-sex partner. The exception is when applying for 10 year settlement.
A dependant in the glossary of the UKBA web pages is defined as “Someone who depends on you financially, such as a husband, wife, partner, or child”.
Can she apply with me for settlement at the same time with the same form? Do I need to prove that she is not financially independent? How can we prove that (income-outcome, joint accounts)?
If she cannot apply, what is the process that we need to follow?
My appointment for application is next week so I’ll appreciate some help

[geriatrix]

a solicitor told me that my wife cannot apply as my dependant because she has her own visa.

Correct.

For immigration purposes, she is not your dependant unless she is in the UK with leave to enter / remain as your dependant.

Options:
1. She continues as a Tier 2 migrant and applies for settlement as and when she becomes eligible for it under the PBS rules.
2. She switches to FLR(M) leave. Under this route, she will be eligible for settlement after completing 5 years in the UK under FLR(M) leave so the earlier she switches the better.

[ftinoco]

Thanks for your reply.
It seems a little bit unfair since she is taxpayer and we have completed all the necessary requirements as a family. Moreover, her Tier 2 visa expires at the end of next year, before she can apply for ILR on her own. Does that means that she has no other option but to leave the country or apply for another route that needs another 5 years for settlement?
If she then changes to FLR(M), is she only eligible after 5 more years? Do the 5 years already spend count?
Can she apply to FLR(M) at the same time as I’m applying for my ILR during the PEO appointment?
Can you please provide a reference to the rules where states that dependency is related to visa?
Again, thank you very much

[geriatrix]

1. Your wife doesn't need to wait until expiry of her Tier 2 leave to switch to FLR(M). She may do it anytime she wishes, after you are granted settlement.
2. You'll need a separate appointment for FLR(M) application at a PEO.
3. See 196D(v).

she will be eligible for settlement after completing 5 years in the UK under FLR(M) leave

Self-explanatory! Or see E-ILRP.1.3.