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Hi all,

On 08/09/06 my wife arrived as a dependent on my student visa , however on 19/05/08 I switched my visa to Tier 1 GENERAL and my wife got dependent at the same time. On 07/08/08 my wife went back to India and during that we had twin boys and she stayed back in India. My initial Tier 1 G was for 3 years , therefore I renewed in Uk on 19/05/2011 and my wife renewed her dependent in India and returned to Uk with kids On 28/10/11.
My ILR is due on 19/05/13 . Now here is my querry - On student dependent my wife was for 23 months in the Uk and currently on Tier 1 G she will be 18 and half months by the time I apply.
Now the criteria what I understand is, your dependent should be in uk for minimum of 2 years , will they consider her combined dependent visa stay on student and Tier 1 G ? Which would be almost 23+18 =41 months.Can I apply for ILR for whole family with kids? Or my wife and kids have to apply for FLR to complete 2 years period?
I would appreciate if anyone can advise me what is the best way forward with regards to financial savings on visa fees

What was the expiry date of the initial grant of Tier 1 (General) dependant leave issued to your wife in 2008?
What was the date of application and date of issue of entry clearance in 2011?

-My wife's Tier 1 General Dependent visa expired on 19/05/11
-Her Tier General Dependent visa renewal was applied from India in 1st week of june 2011 and she got the visa renewed on 10/06/2011 until 19/05/2013.

She came to the UK on 28/10/2011 presently living with me.

Include your wife and child(ren) in your settlement application as dependants.

Many thanks @ sushdmehta

One Tier 1 General my wife stayed
from 19/05/2008 to 06/08/2008 i.e 2 and half months and
currently she will from 28/10/11 to 19/05/2013 1.e 18 and half months which is total of 21 months which is shortfall of 3 months.

I would appreciate if you could let me know how should I present this period in our application, I spoke to 3 immigration advisers and they all said I have to apply FLR 1st for my wife and kids and once the period is completed than only , they would be eligible for ILR . Please advise.

The requirement is "to have lived in the UK with you for at least 2 years" and not "to have lived in the UK with you for at least 2 years preceding the application".

Provide evidence of cohabitation between 2006 - 2013, and you should be fine.

IMHO ....

Many thanks @ sushdmehta for your advise

I will get the evidence to our stay and go ahead with it.