PBS Dep Extension - what route

[muazpk]

Hi

I have got few questions for my wife’s ILR application.

13.12.17 received ILR for myself (via Tier 1 Entrepreneur 5 years route) and PBS dependant for my wife
13.12.17 myself eligible for british citizenship by naturalisation
12.12.20 wife’s current brp expiry date
12.11.21 wife’s 5 years for ILR

Following are my questions:
1. Which category should i apply for my wife between 12.12.20 (current brp expiry) and 12.11.21 (ILR eligibility)? (Please note i would have become British citizen by then)
2. If i now apply child benefits for my son, would it affect my wife’s ILR application in future?

Thanks for any help.
Regards.

[CR001]

1. You can continue to extend her PBS dependent visa until they meet the requirements for ILR. It will be a 3 year extension.

2. No effect.

[muazpk]

2. No effect.

In regards to you reply above, i was checking on ukvi website:
https://www.gov.uk/settle-in-the-uk/y/y ... ier-5-visa

If you scroll down after opening the above link, it says:
‘When you apply for settlement, you and your partner must:

- be living together in your own accommodation
- not be using public funds’

Public funds do include child benefits.
Please comment.

3. another question. What does ‘living together in your own accommodation’ mean? Does it mean we have to own the house or could it be on rent?

Regards

[CR001]

1. Re your link you posted and populated, she will not be applying for ILR as the spouse of BC as she doesn't hold a 'spouse of BC' visa but a PBS Dependent visa.

2. YOU are permitted to claim child benefit in YOUR name as you hold ILR. If you claim child tax credits, these MUST be claimed in JOINT names with your spouse. This is permitted for immigration purposes.

3. Own accommodation can be rented or owned.