Ilr or dlr or LTR as dependant application ?

[Sam_2010]

I need some advice as my wife need to extend LTR and I have mix answers from different people.
Case details,
My wife got visa as dependant of tier 1 general in 2nd October 2010 and she entereted UK on 4th december 2010.
In March 2011 my visa changed from tier 1 general to ilr on 10 year basis. In April 2012 I got my citzenship.
In November 2012 my wife applied for ilr on the basis of 2 year stay as dependant of person who is settled in UK while still holding original visa as dependent of tier 1 general.
In June 2013, Ilr got rejected with discretionary leave as mother of British child for 2.5 years due to rule change in July 2012 and requirement for settlement changed to 5 years.

In November extension is due and advice is not very clear again.

Should she apply for ilr on 5 years as wife of person who settled in UK/British citizen. In case of rejection she will ended up with dlr extention anyway.
Or switch it back as dependant but clock in setlement will get reset and she has to spend 5 more years for setlement on 10 year route if this will be valid at that time. Or partner of British citizen or 7.5 years as mother of British children.
Thanks







I

[Obie]

Well your messed things up, you should have applied for FLR (m) for your wife, and the day after it is approved, she could have qualified for ILR .


You should have challenged the decision on the basis that the UK ought to have considered her case under 284.

This is were it is advisable to seek legal advise.

Now you have put her back several years behind, when she would have acquired ILR or even citizenship by now.

[Amber]

She'll have to extend under private life, until she completes 10 years long residence or 10 years under private life. Or switch to FLR(M) if you meet the requirements and then follow a 5 year route to settlement, personally I would switch to FLR(M) as her current leave is discretionary and you don't know if long residence ILR will exist in 5 years.

[Sam_2010]

Many Thanks Amber and Obie. i know i realized this to late . i took advice from HO for each application i used. i think rules kept changing so often that even HO confused me when ILR application was submitted so i took legal advice at that time with ILR Application that did not help as well. After refusal legal advise to me was to wait till she complete 5 years then she can apply for ILR that seems to me is not the case anymore.

So a friend advised me to get help from this forum that will help to make right application.
If any one Else can add anything to this will be much appropriated other wise it looks like there is no way to get ILR sorted quicker so i will go with Amber's advice to go for FLR M application

Regards