Tier 2 ICT dependant to ILR dependant

[shadar286]

Hello,

At present I am in UK under Tier 2 ICT VISA recieved in Jan 2010. I will be applying for my ILR in Jan 2015 and my case is straightforward. But there is a minor confusion with my wife's (dependant) ILR application.

She got her first dependant VISA along with me in Jan 2010 but she was not in UK with me when I did my extension. So she got her second dependant VISA in Dec 2012. Now as the rules have changed many times I am confused whether she can apply ILR along with me. She was doing her Ph.D. from India and hence was to and fro between UK and India. She was in UK for following periods:

Jan 2010 to Mar 2010 (Tier 2 ICT dependant)
Sep 2010 to Feb 2011 (Tier 2 ICT dependant) - Absence 6 months
Jul 2011 to Feb 2012 (Tier 2 ICT dependant) - Absence 4 months
Oct 2012 (General Visitor) - Absence 7 months
Dec 2012 till present (Tier 2 ICT dependant) - Absence 1 month

As you can see from above she has had quite a few months of absence from UK along with a new dependant VISA in Dec 2012. Can she apply for ILR along with me in Jan 2015 or she has to wait till Dec 2017?

Your advice and views are highly appreciated. Thanks.

Regards,
Shashank