ILR dependent Query

[neeenu]

Hi,
I am planning to apply for ILR in March 2014. I am on a Tier 2 visa. I have three dependents.My query is regarding their application

My wife and daughter was first granted visa on 23/04/2010 which expired on 21/03/2013. She was on maternity leave abroad when the visa was expired .So my wife and my daughter had to renew there visa with new visa for the newborn. The date the visas issued was 21/05/13 and all three of them re entered UK on 29th June 2013.

1. As there was a gap between the visas will my wife be eligible to apply for ILR now.?
2. if the answer to question 1 is no can my children apply along with me.
3. If my daughter can't apply can my son apply as it is his first visa and only one year old.

thanks in advance

[Amber]

As your spouse's leave expired and the new PBS dep leave was acquired after July 2012, she will now have to be a PBS dep for a period of 5 years before being eligible to settle. It depends where your children were born?

[neeenu]

My children were born in India.

[Amber]

Children can apply for ILR with you as per 319J.