It probably depends on how 'since then has had continuous leave as the Partner of that Relevant Points based System Migrant' in 319E
)(i) is interpreted.
Can anyone see where 'continuous leave' is properly defined in the Immigration rules? Overstayers definitely won't have 'continuous leave'. However, leave is not required outside the UK. So, if that leave expires when one is outside the UK, is 'continuous leave' considered as broken or not? For example, under Long residence
, 'continuous residence' is not considered as broken.
If she does not qualify for ILR, then she may
remain, and continue to apply for leave to remain, as a PBS dependant partner until she qualifies.
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