Enquiry for a friend: New rule or old rule

[meemyself&I]

My friend (sitting right next to me now), has asked me to post the following:

He came to the UK in 2005 as a Student dependant. His wife will be applying for ILR on the basis of 10 years long residence, in January 2013. Their current visa is expiring in Oct 2013.

My friend would like to know, if when he is applying for FLR M (possibly after his wife has had her ILR), will he fall under the old rule, being that he entered the UK as a spouse of a PBS dependant in 2005, or does it mean that he falls under the new rule.

Thanks for your help.