ILR of HSMP dependant

[wukong]

Hello Everyone,

I have a question which is really confused me:

I am HSMP holder(now in Tier 1), and I will be qulified for ILR soon. My wife and sons are dependants from the first day. But they are in China now, and have stayed there for nearly a year!

Because I know, on the ILR form, I just need to fill in the period which I was not in the UK. So, the question is, can they come back and apply ILR as my dependants. Is there any problems, because they have left UK more than 3 monthes!

Thanks a lot in advance for your kind help!

[vinny]

How your dependants can apply for settlement

Partners of highly skilled workers are eligible to apply for settlement at the same time as the highly skilled worker, provided they have lived with their partners in the United Kingdom for a minimum of two years before applying for settlement.

Children of highly skilled workers are eligible to apply for settlement at the same time as the highly skilled worker, provided the child meets the requirements of the immigration rules.

[wukong]

Is that means they will be grant ILR only if they have lived with me more than 2 years? No matter the lattest 2 years or the first 2 years of the 5 years?