Queries related to Tier 2 General to ILR Dependant

[madarin]

Hi All,

My husband and I have been in the UK for nearly 4.5 years.
My husband came to UK on September 2008 and I came here on Jan 2009. Since then we have stayed together and continuously in the UK.

Request someone to please help with my query.
I am currently on Tier 2 ICT Visa for 4 years and 6 months (expires on 9th Jan 2014), but due to some unavoidable issues, I have now resigned from my current company.

I will be going back to India and get a Tier 1 dependant on my husband who is eligible for ILR from september 2013 onwards. (should not take more than 30 days)

Please can you let me know what will be by ILR status? Can I apply along with my husband for the ILR? Will I be eligible?
As the current criteria for ILR dependants are:

1.you and they have been living together in the UK for at least 2 years in a marriage or civil partnership, or in a relationship similar to marriage or civil partnership, and that relationship is still genuine (not a 'marriage of convenience', for example);
2.they have previously been given permission to enter or stay in the UK as your husband, wife, civil partner, unmarried partner or same-sex partner;
3.you and they intend to live permanently with the other as husband and wife, civil partners, unmarried partners or same-sex partners;
4.they do not fall for refusal under the general grounds for refusal, and are not an illegal entrant;
5.they do not have any unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974; and
6.they have sufficient knowledge of the English language and life in the UK, unless they are aged 65 or over when they apply. For more information, see the Knowledge of language and life in the UK section.

I do not meet the criteria 2 as I have been in the UK with my own visa and not as dependant.
Does this have an impact, as I will get my tier 1 dependant visa by End of August 2013. or can I still apply for ILR dependant along with my husband's original ILR application.

Greatly appreciate any help.

Many thanks,
Madhu

[vinny]

Unfortunately, your qualifying period for ILR will be reset to 5 years as a dependant.

[madarin]

Thanks Vinny,

But I thought the qualifying period for a dependant was anyways 2 years, is it not the case.

as I would be Tier1 dependant and will apply for ILR along wiht my husband's ILR application.

-Please Help

[madarin]

the link for ILR in your reply says:

-----------------
At present, your partner must have lived with you in the UK for a minimum of 5 years or 2 years if they had been granted leave as your partner before 9 July 2012 and continuously since then, before they can apply for settlement. Your children can apply for settlement when you and your partner have
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I have stayed with my husband for 4.5 years in the UK.
If we apply for ILR together after we have completed 5 years does that make me eligible?

thanks in advance.

[vinny]

No, as you were not on dependant leave prior to 9 July 2012 (319E(d)).

[madarin]

that is sad

[madarin]

should I apply for Tier 2 General instead. Is it something I can do? what would I require?