does the appeal period from India is accountable 5 yr period

[vikramvvs]

My wife originally came to the UK on June 2009 and went back to India on Oct 2009. While she was india I got my tier 1 and applied the depenadant visa from India and refused and banned her 10 years but got the visa after appealing in UK. So she came back to UK on Oct 2011. From Oct 2011 to till now we are residing in UK and got our Permanant residence.

Now my query is:

Original entry in UK : June 2009
Re entered after won the appeal : Oct 2011
ILR Granted : Sep 2014

to satisfy the rule "should not exceed 450 days absence in whole 5 year period",
can I explain in the application saying that from sep 2010 to sep 2015 she was abscent only 429 days so she is eligible to apply or is not a valid case?

Please can someone answer
Thank you

[secret.simon]

What is your current status? Are you a British citizen? If you are, your wife can apply under Section 6(2), which only requires her to have been in the UK for three years.

My wife originally came to the UK on June 2009 and went back to India on Oct 2009.

What visa did she come on originally? If it was a visit visa, that would not count for immigration purposes.