Tier 1 Dependent less than 2 years in UK- eligible for ILR?

[marahman3001]

Hi Experts
Thanks for all your valuable time and efforts in helping the society.

In short:

Main applicant HSMP visa got on 1 Dec 2007, then Tier 1 (general - migrant) on 18 Jan 2010 and valid until 18 Jan 2013

I am eligible for ILR in Nov 2012. ( 5 years)

My wife got dependent Tier 1 (general - migrant) visa from India
got visa in : March 2010
Late entry in UK: July 2010 ( 3 months 20 days late entry after visa)

Total no of days she stayed in UK : 1 year 1 month and was travelling to india few times due to medical reasons.

1. I am planning to apply for ILR in Dec 2012. Should I apply alone in person or by post and dependent can apply with me?

2. When should she apply as her visa expires with me in Jan 2013.

3. Should she have complete stay of 2 years in UK removing the days out of UK?

I read in forum that she has to apply for FLR after I get visa and has to complete 2 years in UK to apply for ILR. Am I correct?

4. If I apply for ILR in post and the ILR results comes after both of our visa's expire, then will she become illegal?

many thanks in advance

[geriatrix]

FAQs for ILR - WP/Tier 2/HSMP/Tier 1 - Read before posting

[marahman3001]

Q12. Initial application for leave as PBS dependant made before 09-Jul-12: Spouse / partner must be in the UK as "dependant" on the date of the settlement application to be included as a dependant.
For WP holders (pre-PBS) and HSMP JR migrants covered by HSMP JRs, all dependants qualify for ILR along with main applicant irrespective of length of stay in UK and can apply for settlement separately (196D).
For all other economic migrants (Tier 1 (General), Tier 2), (spouse/partner) dependants must have lived with you in the UK for at least 2 years in a marital relationship, civil partnership or in relationship akin to marriage or civil partnership (319E(d)). This "2 year" period need not be as a "dependant" or "continuous".


Q13. PBS dependants whose leave expires after 08-Jul-12: If your current (PBS dependant) leave will expire after you have completed the qualifying period then, according to the changes announced, there is not need to switch to FLR(M) leave and such dependants may apply for settlement directly.

On the other hand, if your current (PBS dependant) leave will expire before you complete the qualifying period then such dependants can now extend their PBS dependant leave until such time that they become eligible for settlement (319C and 319D).

[marahman3001]

The above points match my case
1. initial application before 9 july 2012
and
2. dependent visa expires after my qualification of ILR

But I have just confused that she did not completed 2 years stay in UK with me if i remove the out of country days from her total stay.

[marahman3001]

Experts. Any suggestions please