Need advice on applying for ILR dependent with gaps in stay.

[vms]

Hi All,

I need some advice regarding applying for ILR for myself.

My husband came to UK in Sep 2008 on Tier 1 visa and I joined him in Dec 2008 as his dependent.
I also worked in UK as a software engineer.
I got extension of Tier 1 dependent visa 2 times already and it never expired in the last 5 years.
But I had to spend time in India due to differences with my husband. Here are the durations of my absence.
1. Mar 2011 - July 2011
2. Nov 2011 - Feb 2013

I came back to UK again in Feb 2013 after about 15 months of gap. I worked in India during that period.
I got my visa renewed, and I currently have a valid Tier 1 dependent visa till 1st March 2015.

My husband got his ILR in Aug 2013.

Now, I want to know if I am eligible to apply for ILR now as I have not stayed completely in the UK in the recent 2 years, but I stayed in UK for around 3 years and 8 months overall from the time I came to UK in Dec 2008
and my visa never expired and it was valid continuously.

1. Do I need to wait till March 2015 to complete the recent 2 years stay to apply for my ILR?
2. If my husband refuses to apply for my ILR in March 2015, is there any way to apply for ILR independently as I have stayed in UK for long time now and working as an IT professional. If we take divorce, will I be able to apply for ILR myself or do I need to go back to India?

Your help is much appreciated.

Thanks,
vms