Dependent ILR

[neel1810]

Hello experts,
I am looking for some advice on dependent ILR which i am planning to apply for spouse. I am not sure whether she is eligible to apply for now. Please can you suggest.

Here is her history as below.

Her first Tier 1 dependent visa approved in July-2011 valid until 17-June-2013
She came to uk in August 2011.
Due to maternity she went out of UK in May 2012.
She again applied Visa from outside UK on 24/06/2013 and which is valid from 11/07/2013(within 28 days after expiry of old visa)
She came back to UK in July 2013 and since then leaving here.

Can she apply ILR now based on 2 year rule since she got her first entry clearance in 2011?

Since she is outside UK more than year, would that be a problem?

[iworker]

No her counter was reset when she applied for visa again in india as that visa was entry clearance and not an extension.
She will need to wait 5 years from 2013 before she becomes eligible for ilr.

[neel1810]

Thanks for your reply.
Is there any excuse since she has applied her entry clearance with in 28 days after expiry. Someone told me that continuity will not break if we apply with in 28 days.

[neel1810]

Please can someone help responding to my queries above?