Eligibility for ILR Spouse Visa

[Shami42]

Hi there I need help really confused what to do
My question is From the passed 7 years I am living in UK with my husband. I came into this country on July 2010 on Post Study Work Dependant (D-Tier Partner) and in October 2011 switched into Tier 1 General Dependant.
And on January 2016 I switched into spouse visa flr(m)(30 months) although t1 (general dep)was not expired as my husband got his Indefinite leave on long residence (10 Years) in 2015.

Now my question is that Can I apply for my ILR as it’s been almost 7 years in UK living with my husband Because I consulted many immigration adviser lawyers about this matter they says I can Qualify for indefinite leave on 5 years route as i came into UK in 2010 and the new rules which was introduced in July 2012 will not apply on my situation.

Kindly if you can help me out in this matter,
I shall be very thankful to you.

[CR001]

No, you do not qualify for ILR yet. You need 5 years on FLR(M) before you will qualify for ILR on Set(M).

Your ILR qualifying clock was reset to zero when you applied for FLR(M) when your spouse got ILR based on long residence.

The transitional provisions that your solicitor is possibly referring to were changed and withdrawn in April 2014.

[Shami42]

Is there any other way to claim back my pervious years to get ILR rather than waiting for another three years ??
And secondly can my husband claim for benefits like child tax credit coz we have two kids they both have British citizenship ...and will it effect my extension ?? As we have to fulfill the income requirement...

[CR001]

Is there any other way to claim back my pervious years to get ILR rather than waiting for another three years ??

No there is not. You can only use the time you have already spent in the UK towards long residence ILR.

And secondly can my husband claim for benefits like child tax credit coz we have two kids they both have British citizenship ...and will it effect my extension ?? As we have to fulfill the income requirement...

Yes he can claim child benefits ONLY in HIS name. Child tax credits MUST be claimed in JOINT names with you. No effect on your extension.