Tier 2 Dependent rule for ILR

[nri_uk]

I have gone through the faq in the sticky and also gone through several posts in this forum. As still there is a lot of confusion, appreciate an answer to my query.

I came to Uk together with my wife on a Tier 2 visa in early 2009. So far we have extended the visa two times together, me as the main and she as the dependent. Our current Tier 2 visa is valid till April 2014. I will qualify for ILR in Feb 2014 under current rules. The rules for dependent qualifying for ilr are however not so clear.

1) Does the 2 year period required for dependents need to be continuous under the current rules?
( She has been absent from Uk for 7 months previously to deliver our first child. Looks like there will be another period of absence of 9 months or so for our second child later this year. By Feb 2014, she would have easily completed about 3.5 years together with me in UK but not continuously for two years for the above reason. )

2) Also I understand KOL test is needed for dependents. Is English test mandatory in her case under the current rules?

[Lucapooka]

1. Her absences are not considered
2. The test is mandatory for both.

[nri_uk]

Thanks a lot for the prompt reply.

1. Her absences are not considered

Thanks for clarifying that her absences does not matter. Good to know that.

2. The test is mandatory for both.

Do you mean to say that both of us have to take an English test? I have already shown the proof (Degree) in my first Tier 2 application. Will I need to still take an English test? Please also confirm this.

[geriatrix]

For settlement - KOL only (319E(g)).