- My husband came on Tier 2 ICT Visa in early 2010 - Visa granted before 6 Apr 2010.
- We got married and I came as PBS Dependent in early 2014.
- He got a few extensions and eventually applied and received ILR in 2016. Not applied for UK passport yet.
- My son born in India in 2016.
- My 2nd son born in UK in 2018 - we applied for UK passport for him.
- My husband applied for Child Benefit after birth of second son.It is my husband who is claiming. Also because his income is above £60k, he is not getting the money but NI credits.
- I and my elder son applied for PBS Dependent extension in late 2018
- I have passed Life in UK Test in early 2020.
Questions:
Q1 : Can you please confirm checking for ILR eligibility, I need to answer as below:
Q2: When answered as above, the website tells me:What's your situation - You're the family member or partner of someone who has settled in the UK
How did they settle? - On a work visa
What type of work visa did they settle with? - A tier 1, tier 2 or tier 5 visa
Does it mean we are breaking the immigration rules, since my partner on ILR is claiming Child Benefit for the second son, who was born in the UK?When you apply for settlement, you and your partner must not be using public funds
Q3: The website also says:
My original Visa in 2014, was when husband did not have ILR. Since then it has been extensions only. So how do I interpret this statement. My latest "extension" was AFTER he got ILR. So should I apply as partner of a settled person instead or not?If you got your current visa as your partner’s dependant after they settled in the UK, you must apply as the partner of a settled person instead.