Wife on ILR Dependent or Tier 1 Dependent ?

[mrbakth]

1) Let me explain the situation.
I came to uk on an hsmp visa in 2008, extended to tier 1 general in 2010 and switched to ILR (settlement) in July/2013.
My wife came to the uk as my hsmp dependent in 2009, extended as tier 1 general dependent along with me in 2010. However, in Nov/2012 she went to india for delivery and did not apply for settlement with me.
She is now in india, her visa has expired and i would like to take visa for her and my baby (10 months) to bring them to uk.

My question is, while applying from vfs india online, should she apply as ILR Dependent or Tier 1 General Dependent ? In other words, what answers should she choose for the drop down questions 'Type of Visa' , 'Purpose of application' and 'Type of application' at the beginning of the online application:

Settlement ->Settlement -> Wife
OR
Work -> PBS Tier1 General ->Tier 1 (General) Partner

The reason i asked is, the following paragraph seen at "http://www.ukba.homeoffice.gov.uk/visas ... you-apply/" confused me :

"You cannot apply for leave to remain or indefinite leave to remain in a partner category if your last leave was as the partner of a former points-based system migrant who:

is settled in the UK and was granted settlement as a points-based system migrant; or
has British citizenship having been granted settlement as a points-based system migrant.
Instead, you must apply as a dependant under the relevant category of points-based system.

If you made an application to enter the UK on or before 8 July 2012 please see the Partners who applied on or before 8 July 2012 pages."

Thanks in advance to all friendly and helpful forum members.

[mrbakth]

If someone who has been in a similar situation or know about the rules & practises for this situation could please reply, that would be a great help. Thank you.

[Amber]

Unfortunately, as the leave expired there will be no transitional protection so it would need to be a new application for spouse leave under the new rules, an A1 English requirement and Financial Requirement.