Spouse's 2 year cohabitation rule - Clarification pls...

Hi,

I was on HSMP from 2007 to 2009 and then switched/extended in Tier-1 from 2009 to 2012. I was out of UK only for 3 weeks in this entire span.

2 year (HSMP) + 3 year (Tier-1) Visa = exactly matching 5 year rule.

My query about my spouse's cohabitation rule. Details below:

My spouse and child joined me in UK on 1st of Jan 2009 and left UK on 10th Feb 2010 and again joined me back in 15 September 2009 and currently staying together. And I will be applying for my ILR on 3rd of August 2012 (as I qualify by then - 28 days before my visa expires)

But in the ILR eligibility rule for Spouse to apply along with main ILR Application we have to show that we have lived together for at least 2 years since last visa grant.

My doubt are:

(1) As my last visa grant (Tier 1 General) was for 3 years, can I show or is it sufficient if spouse has stayed with me for any 2 year period in that 3 year span?

(2) is it "immediate 2 years" from date of application we have to show the proofs of cohabitation or "any 2 years in last 3 years from date of application"?

(3) if at all for any reason if spouse doesn't qualify for ILR dependent then what other options do we have? do they have to leave the country?

Please advice....please...

(1) Yes that's sufficient ...

(2) There is no requirement as immediate 2 years, but showing initial period and then followed be recent docs will prove that you have been together all the while ... spread the documents as much as possible ...

(3) Not at all, they dont have to leave the country ... they can apply for FLR(M) immediately after you are granted ILR... they can remain as your dependent (settled person)