ILR dependent stay calculation

[Prashantf]

Hi all,

On 08/09/06 my wife arrived as a dependent on my student visa , however on 19/05/08 I switched my visa to Tier 1 GENERAL and my wife got dependent at the same time. On 07/08/08 my wife went back to India and during that we had twin boys and she stayed back in India. My initial Tier 1 G was for 3 years , therefore I renewed in Uk on 19/05/2011 and my wife renewed her dependent in India and returned to Uk with kids On 28/10/11.
My ILR is due on 19/05/13 . Now here is my querry - On student dependent my wife was for 23 months in the Uk and currently on Tier 1 G she will be 18 and half months by the time I apply.
Now the criteria what I understand is, your dependent should be in uk for minimum of 2 years , will they consider her combined dependent visa stay on student and Tier 1 G ? Which would be almost 23+18 =41 months.Can I apply for ILR for whole family with kids? Or my wife and kids have to apply for FLR to complete 2 years period?
I would appreciate if anyone can advise me what is the best way forward with regards to financial savings on visa fees

[geriatrix]

What was the expiry date of the initial grant of Tier 1 (General) dependant leave issued to your wife in 2008?
What was the date of application and date of issue of entry clearance in 2011?

[Prashantf]

-My wife's Tier 1 General Dependent visa expired on 19/05/11
-Her Tier General Dependent visa renewal was applied from India in 1st week of june 2011 and she got the visa renewed on 10/06/2011 until 19/05/2013.

She came to the UK on 28/10/2011 presently living with me.

[geriatrix]

Include your wife and child(ren) in your settlement application as dependants.

[Prashantf]

Many thanks @ sushdmehta

One Tier 1 General my wife stayed
from 19/05/2008 to 06/08/2008 i.e 2 and half months and
currently she will from 28/10/11 to 19/05/2013 1.e 18 and half months which is total of 21 months which is shortfall of 3 months.

I would appreciate if you could let me know how should I present this period in our application, I spoke to 3 immigration advisers and they all said I have to apply FLR 1st for my wife and kids and once the period is completed than only , they would be eligible for ILR . Please advise.

[geriatrix]

The requirement is "to have lived in the UK with you for at least 2 years" and not "to have lived in the UK with you for at least 2 years preceding the application".

Provide evidence of cohabitation between 2006 - 2013, and you should be fine.

IMHO ....

[Prashantf]

Many thanks @ sushdmehta for your advise

I will get the evidence to our stay and go ahead with it.