Eligibility For Spouse Indefiite Leave to remain and Forms

[Gody1]

I wish to enquire if my spouse is now eligible to apply for Indefinite Leave to Remain in the United Kingdom

Please find below are details of My Spouse's immigration history:

On the 12/10/2011  My Spouse  was granted entry clearance  on a Tier 1 General Dependant Visa to travel to the United Kingdom(UK) as my Visa at the time was a Tier 1 General PBS visa.

My Spouse arrived in the UK on  24/10/2011 as a Dependent on my Tier 1 General Point based system(PBS) visa.

On 01/02/2012, I obtained Indefinite Leave to Remain in the UK on the basis of 10-year Long Residence.

0n 06/03/2013, my Spouse obtained Further Leave to Remain as a Dependent of a Settled Person for 2.5 years  as she fulfilled the requirements of Appendix FM R-LTRP1.1 (a) (b) and (c) following the new rules that came into effect after 09/07/2012.

In  August 2013, I got naturalised as a British Citizen and now hold a British Passport.

0n 28 October 2015, my Spouse leave to remain was further extended for a further 2.5 years as she continued to fulfill the requirements of Appendix FM R-LTRP1.1 (a) (b) and (c).

My Spouse has now lived in the UK for a continuous 5year period; October 2011 -October 2016 as my dependent; the first  17months of this five year period  as a  Tier 1 General PBS  Dependant  as outlined  above.

I will very much appreciate if I can get some clarifications on whether My Spouse  is now eligible to apply for Indefinite Leave To Remain in the UK.

If she can now apply, which application form is the correct one to use SET(O) or SET(M)

Any advice will be much appreciated.

Gody

[vinny]

SET(O) is not applicable.

Under Appendix FM, she may apply for SET(M) no sooner than 28 days before completing her 5-year qualifying period under FLR(M).

However, I believe that they should have granted your wife FLR(M) for 2 years under Part 8 on 06/03/2013. She should have qualified for SET(M) no sooner than 28 days prior to 24/10/2013.

Some caseworkers may accept that mistakes were made.

[Gody1]

Vinny,
Thanks a lot for your contribution. I have been thinking in this direction as well. Mistakes were certainly made when we initially apply to extend my wife's spouse visa. The rules were so vague at the time . I Interpreted them as if she needed to stay in the UK for 5years before she could be eligible for ILR.I was also misled by a couple of Solicitors I contacted for enquiries. I intend to apply for the ILR soon but a bit concerned what impact the fact that we did not apply back then will have on the application right now.