Tier 1 dependent visa duration break

[joshibrs]

Hello Folks,

I am applying for ILR along with my spouse and child next month. I am very confused about the July 2012 ruling for co-habitation i.e 2 years or 5 years stay for dependents in UK. She was initially granted a Tier 1 dependent visa on 15/03/2011 valid till 15/07/12. Due to medical reasons, she went back to India on 31/10/2011 after a stay of 7 months. When she applied again in India, she was issued a fresh Tier 1 dependent visa instead of an extension starting from 20/09/2012 (2 months visa breakage) valid till 15/07/2015 during which she has a total stay of more than 2 years in the UK.

1. Since the ruling came into effect on July 2012 after which she applied for second time, will she fall under the 5 year stay bracket?

2. If yes to above, will they consider medical reasons for her absence in the UK based on compassionate grounds if we provide valid proof?

3. Considering she has to apply for another 2 years extension, should I use a different application (FLR-(M)?) just for her and apply separately or can I add her in the SET(O) form along with me and my child on the same day ?

I read many threads in this board and I could not find any related queries and I sincerely apologize if this has been answered before. I would request the board members/ moderators to help me with my above queries.

Thank you.

Kind regards,
Ravi.

[joshibrs]

Dear Moderators,
It would be very grateful if anybody can shed some light on my above queries though it may have been answered before. I'm very confused at this stage...Thank you.