ILR for dependant - Please advice

[muzammil1124]

Hi Gurus

I came to UK under Work Permit and then switched to Tier 2 ICT. Last year I got my ILR.

My wife got the visa as a dependant in April 2008. After that she switched to ICT dependant. She has now held dependant visa for 6 years. Under the below conditions, can she apply for an ILR:

1. She got dependant visa in April 2008 and is currently holding PBS dependant visa, that is 6 years.
2. She has been in and out of the UK, spending around 2.5 years in the UK. It is because of various unavoidable circumstances in India.
3. She is currently in India, having been there for the past 15 months.
4. As per requirement that I read on gov.uk website, she has spent more than 2 years in the UK.
5. Her visa is expiring on 23rd March 2014, now we have very less time remaining and she hasn't completed the Life in the UK test, is it advisable for us to apply for an ILR visa for her? Can she get some consideration if there is a time gap between her visa expiry and visa application?
6. If not, what is her best option.

Any advise is highly appreciated

[vinny]

Life in the UK and English language are required for ILR.

Alternatively, she may extend, if she returns to the UK in time.