ILR Dependent in Tier2 ICT dep visa & claiming child benefit

[testfirst]

Hi Experts, Please could you go through the below scenario and advice me? reposting the question as I have not had answer for my previous post and the situation is slightly changed.

I have had my Tier 2 ICT visa for the past 5 years and got my ILR in last December (20-Dec-2014). My wife has the Tier 2 ICT dependent visa. I have not applied for her ILR dependent visa for the following reasons:

a) She was not eligible for ILR as she came to the UK in October 2012. Details of the visa stamping dates are as below:
- The application for the Tier 2 ICT dependent was filed on the 13-Sep-2012
- Her first Tier 2 ICT dependent visa was issued in 05-Oct-2012
- She came to the UK on 10-Oct-2012
b) We were pregnant and due to deliver our baby

She is still continuing in her Tier 2 ICT dependent visa which is valid till July 2016. My questions are below.

1. Can she continue in her current tier 2 ICT dependent visa until it expires?
2. Will she have any problem when we travel to India and back to the UK?
3. We had our baby before I got the ILR (13-Dec-2014). Hence I have applied for the Child Benefit after my ILR and I am receiving the benefit. Will this impact the ILR of my wife when she applies after completing her 5 years
3. Your suggestion to next step when her current visa expires so that she will be eligible for ILR after 5 years

Note: Our child is now registered as a british citizen and having the british passport.

Many Thanks for your valuable suggestions. Looking forward your replies.

[iworker]

yes
no
no
she will need to renew her PBS dependent visa once more so she can accumulate 5 years before she applies for ILR

[testfirst]

Thanks iworker for the reply.

When my wife's Tier 2 dependent expires in 2016, which visa I can go for her as I am in ILR in order to get her to 5 years? Can I renew the Tier 2 dependent visa when I am not in Tier 2?

Please advice on this.

[cfdman]

Yes. Refer the PBS dependent policy guidance from the link below, (See Introduction --> Point 2 )

https://www.gov.uk/government/uploads/s ... _07-14.pdf

Your wife can apply to extend her PBS dependent visa, even you are now in ILR (provided, you held a Tier 1/2/4/5 visa immediately before obtaining ILR). In your case, you held a Tiet 2 visa.
She will get further 3 years leave as PBS dependent.

[testfirst]

Many many thanks cfdman,

I believe her 5 years will not start from the scratch when I renew her tier 2 PBS visa in 2016. Please could you confirm this as well?

Many Thanks

[cfdman]

No. It wont.