Can my dependent apply with me if they were abroad in 2 year

[shah_kaumil]

Hello everyone, this is my first post,
Hope this turns helpful,

I am applying to SET O next month.
Now here is the situation,

My family ( who were living here previously till 2009 with me ) traveled back to INDIA for family reasons and joined me back in APRIL 2011.

As per 2 years rule, they must be with me since NOVEMBER 2010 ( as I am applying in NOV 2012)

Does it mean they can't apply along with me ?
Do they have to wait till APRIL 2013 to apply for SET (0)

We have valid visas till AUGUST 2013 anyway.

According to lawyer, this should fine and may be ignored by UKBA when applying together but it's a chance.

Any answer is desirable.

[wpilr_nov12]

Read http://www.immigrationboards.com/viewtopic.php?t=79378 q0, q12 and q13.