Dependent visa for recent ILR - FLR(M) or Dependent on PBS?

[nihMoham]

I recently got my ILR using the advice on this forum (many thanks!), after having originally come to the UK on a Tier 1 General visa. My fiancee is here on a Tier 4 Student Visa, expiring 31st of January 2016 (less than 6 months).

We are getting married in the first week of November (the HO determined that it was not going to investigate our relationship with regard to the wedding ceremony). I want to have her leave to remain switched to a dependent visa, however there seems to be some ambiguity in what the process is - is she supposed to apply as a family of a settled person (https://www.gov.uk/remain-in-uk-family) or as a dependent under the PBS Tier 1 General visa (https://www.gov.uk/tier-1-general/family-members) ? The "exceptions" section in the first link seems to indicate that it has to be as a PBS dependent, however having spoken to an advisor at my fiancee's college, he said it would be the FLR(M).

After the meeting, he emailed to say that having reviewed the necessary documentation he believed that I could apply under either scenario, however I am not entirely sure he knows what he is talking about (he's an international student advisor who is not OISC registered and has never dealt with a situation like this before).

Any advice on how to proceed would be appreciated

[vinny]

As you already have ILR, FLR(M) is correct, assuming that all the requirements under Appendix FM-SE, etc., are met. This includes the requirement that her current leave should have been granted for a period exceeding six months.

[nihMoham]

As you already have ILR, FLR(M) is correct, assuming that all the requirements under Appendix FM-SE, etc., are met. This includes the requirement that her current leave should have been granted for a period exceeding six months.

Thanks vinny - her Tier 4 visa was granted from September 2014, so it was granted for a 16 month period - Am I mistaken in thinking it was a requirement that the visa should be valid for 6 months for her to be able to switch?

Also, on another note, thanks for all your guidance and posts on topics - was a godsend when i was applying for my own ILR

[vinny]

Thanks vinny - her Tier 4 visa was granted from September 2014, so it was granted for a 16 month period - Am I mistaken in thinking it was a requirement that the visa should be valid for 6 months for her to be able to switch?

She may switch to FLR(M) prior to expiry of her leave, that was granted for a period exceeding six months. E-LTRP.2.1.