Wife's ILR eligible? First visa b4 July 2012, not continuous

[user_name]

Hi,

I have ILR (Tier 1 General route).

My wife's initial dependent visa granted in December 2011 (before 08-July-2012).

Stayed in UK until September 2012.

But her visa is expired while she was in India for maternity.

So got the entry clearance visa again in June 2013.

In UK at present.

Will she be considered under the rules before 09-July-2012 from an ILR point of view?

(This is to verify the qualifying period for dependent to become eligible for ILR - 2 years period for rules before 09-July-2012 and 5 years after that)

Will the maternity be considered as an exceptional scenario to consider under the rules before 09-July-2012?

Many Thanks.

[Amber]

If her leave expired, then the new rules.

[complicated_life]

If her leave expired, then the new rules.

Could I please know what would have been the case if her leave expired and the second entry clearance was also before 09-Jul-2012. Section 319 E d(i) still applies, but would the period then be reset. 319 E d(i) only says that the period needs to be 2 years and the spouse should have been a PBS dependent pre 09-Jul-2012 and from then on continuous. I'm asking because, I don't have an answer for my spouses' case.

[user_name]

If her leave expired, then the new rules.

Thank you Amber_

[Amber]

If the 2nd EC was granted before July 2012, then the old rules.