ILR application under PBS route - Clause 319E(d)(i)(b)

[gmaniPBST2]

Dear forum,

I am a PBS Tier 2 migrant. My family (wife and son) and I migrated to the UK in May 2010 (I was the PBS Tier 2 main applicant and my family members were dependents on my PBS visa) on a one-year job contract. Our original PBS Tier 2 (General) migrant visa was valid until May 2011. Subsequently, my contract was extended until July 2012, and I extended my leave to remain under the same PBS Tier 2 (Gen) until July 2012. In July 2012, I got a new job with another employer with a three-year contract and further extended my leave to remain in the same category (PBS Tier 2 (Gen)) that is valid until July 2015 (next month). So, I fulfil the 5-year continuous lawful residence in the UK for the purpose of ILR application, and fulfil all the requirements under 245HF of Immigration Rules Part 6A.

Meanwhile, in December 2010, my wife along with our son went to India for maternity reason. Our second child (daughter) was born in June 2011. During this period my wife’s (and son’s) Tier 2 dependent visa validity expired. Subsequently, on 11th July 2012, after a gap of 15 months, my wife and children (son and daughter) applied in India for PBS Tier 2 dependent visa, and received the visa in August 2012. They returned to the UK in August 2012. Since then my wife has continuous leave as the Partner of Tier 2 (Gen), the same category she was originally given entry clearance in May 2010. We are continuously co-habiting for the last 3 years.

I am planning to apply for ILR visa before our current visa expires on 15th July 2015, and would like to include my wife and children in the application. However, I am perplexed to understand the Immigration Rules Part 8. My wife has had Tier 2 dependent visa between May 2010 and April 2011, and we cohabited for about 7 months before she went to India for maternity purpose. Subsequently, she received a new PBS Tier 2 dependent visa in August 2012, and she returned to the UK in August 2012. Since then we have been living together (for about three years).

I can see two instances of successful ILR applications in similar situations:
Sep08T1Applicant http://www.immigrationboards.com/indefi ... 36025.html

deepg http://www.immigrationboards.com/indefi ... 25-40.html

My queries:
1. Is my wife eligible to apply for ILR along with me under the 2 years requirement specified in Rule 319E(d)(i)(b)?
2. If not, what are the options for us to live together as a family?

I will appreciate your help very much.

Cheers,
Mani