ILR application by dependent

[amitpatel1185]

Could anybody please help on my case for ILR application by my wife.
I have been on Tier 1 General visa from 16 April 2010 and eligible for ILR in April 2015 (3+2). My wife also got Tier 1 Dependent on 16 April 2010 along with my application. but she went to india in March 2013 and got her second 2 years extension in May 2013. So she has got 40 days gap between expiry and new extension.
I have contacted several Solicitors and they all says that she need to stay for 5 years from May 2013 as per new rules introduce in july 2012. They said UKBA wont consider her first 3 years of Tier 1 dependent as those visa expired in 16 April 2013 and new visa were issued in May 2013.
I called UKBA and they said she can apply for ILR along with me in April 2015. They said july 2012 rules wont apply to her as she came to this country before that.
UKBA wont provide any proof of call or written information which We can keep for supporting purpose.
Could anybody suggest me on my case wether she can apply for ILR or not?

[Obie]

In many cases i will say your lawyer is correct, but in the particular circumstances of your case, where your wife did not spend a long time away, it will be unreasonable if UKVI was to say, she break her continuous leave as a spouse of a Point based system migrant.

[amitpatel1185]

Many thanks Obie for your advice.

Do you think I should take a risk and apply ILR for her along with me ? I am planing to go in person at Croydon at the end of march 2015.