FLR(M) or PBS Dependent - Confused... Pls help

[vkjainuk]

Hi,

I have got my ILR in April 2015 ( after 5 years as Tier 1 – General VISA). My wife has been on Tier 2 (ICT) Visa for last 4.5 years.

Now I need to apply dependent VISA for my wife (as the current Tier 2 ICT cannot be extended after total of 5 years).

I understand that I can apply ILR dependent VISA (FLRM) for her as Family of Settled person
https://www.gov.uk/remain-in-uk-family/overview

BUT in the FLRM exception page , it says that " If your partner was in the UK on a temporary visa before settling or becoming a British citizen, you may have to apply as a ‘dependant’ (partner) in their original visa category."
https://www.gov.uk/remain-in-uk-family/exceptions

which means that if I was on Tier 1 Visa before settling, then my spouse has to apply under Tier 1 dependent (even though I have got my ILR)

Please help...

[CR001]

No, she must apply on FLR(M). The piece you quote is if she was in the UK as your dependent on tier 1 prior to you receiving ILR, which is not the case as she has her own Tier 2 ICT visa.