ILR for wife

[dadageer]

Hello all,

I was just wondering if someone could help me in this or if they have any personal experience related to this issue.

I was on HSMP/Tier-1 (PBS) from 2007 and my ILR was due last year in July 2012. My wife joined me in April 2011 as dependent of Tier-1 (Tier-1 Partner visa). Her visa was also expiring in July 2012. I applied for ILR in July 2012 and included my wife in the same application (at that time she completed 15 months in UK). My ILR was approved in Jan 2013 but my wife's application for ILR was rejected on the basis of 319E(d) which states "applicant and Relevant PBS migrant must be living in UK in a marriage/civil Partnership for at least 2 years if applicant was granted leave before July 2012". We were not aware of this 2-year rule at that time.

She was asked either to leave UK and re-apply or appeal against the decision. We didn't make any appeal and she went back home to re-apply. She left UK in last week of Feb 2013 (after staying with me in UK for 22 months).

She applied Spouse visa of a person settled in UK from her Home country in Feb 2013. She was granted "Spouse Visa" in May 2013 with a validity up until 24 Feb 2016. She came back to UK on 14th June 2013.

To Recap:

1) From April 2011 - July 2012 - she was on Tier-1 Partner visa
2) Applied for ILR July 2012
3) Application Rejected Jan 2013, left UK Feb 2013
4) Mar 2013 - May 2013 - She was outside UK
5) Applied for Entry Clearance Spouse visa (wife of settled person)
6) Spouse visa granted in May 2013
7) Joined husband in June 2013

Now here are my questions:

1) As her first dependent visa was before July 2012 rules so that means 2-year stay rule will still apply on her so can she apply for ILR in September 2013?

2) If not then why not?

Any help would be much appreciated.

Thanks

[CR001]

My understanding is that because her PBS dependent visa had already expired and she did not appeal the refusal, she had no legal stay in the UK when she left and her new spouse visa will be under the new 5 year rule.

Perhaps a Guru could confirm definitively.

[dadageer]

Thanks mate!

I would like to hear from Gurus as well.

[dadageer]

Any valuable suggestions from Gurus/experts please?