Case study—what are the implications for a Points-Based System (PBS) dependant spouse when a PBS migrant applies for indefinite leave to remain under the long residence rules?

Case study

We have considered the following question:

Where a person has leave as a Points-Based System (PBS) Dependant spouse of a Tier 2 (General) leave migrant, the Tier 2 (General) migrant is applying for Indefinite leave to remain under the long residence Rules, and they are not themselves eligible to apply under the long residence rules:

1. •

   can they apply for Leave to remain as the spouse of a settled person under Immigration Rules, Appendix FM at the same time as their spouse is applying for indefinite leave to remain (ILR) under the long residence rules (with their application to be decided immediately on decision of their spouse’s ILR application)?

2. •

   if they are applying under Immigration Rules, Appendix FM subsequent to their spouse’s ILR application (whether by choice or necessity):

   1. ◦

      is there a problem in the fact that their spouse has now switched statuses, or is their current leave as a PBS dependant