Q&As

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?

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Published on LexisPSL on 21/05/2018

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • 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

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 valid until such time as it is curtailed?

    2. should they report the change in circumstances following their spouse’s grant of ILR under the long residence rules?

An application for ILR under Immigration Rules, Part 7, paras 276A–276A04 (the long residence rules) can be made by a person with limited leave to remain in any category. However, unlike many immigration categories, there is no provision within the long residence rules to include dependants of the

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