My Background;
Oct 2009: Got extension to Tier 1 General (expiry 2013). However, qualified for ILR in 2011 which I applied and got it in that year.
Apr 2010: Got Married and my wife came to UK as Tier 1 (General) Dependant
Jul 2011 : Wife went back to India and had a baby
Oct 2011: I got ILR based on 5 years stay in UK. Until then I was on Tier 1 General Visa
Aug 2012: Wife applied for visa using Family Settlement Application Form (VAF4A) for both herself and our baby.
Oct 2012: Wife received SPOUSE/CP Visa based on my ILR for a duration of 2years 7months.
Now my question is what is SPOUSE/CP Visa? Is it FLR(M) or PBS Dependant? Note that I originally got ILR after being Tier 1 General Migrant.
This question mainly comes in the light of my wife and kid Visa due to expire in July 2015. I am confused if I need to use FLR(M) or PBS Dependant form for their Visa application. I am inclined to think it would be FLR(M). However, the exceptions link for FLR(M)
https://www.gov.uk/remain-in-uk-family/exceptions 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." This is what worries me. As I was Tier 1 before getting ILR, should my wife be now applying for PBS dependant?
Please would you clarify this point for me?