Spouse visa Tier1 dependent or Family of a settled person

[blok242]

Hi

I was initially on Tier 1 General visa and now have ILR since 1 year.

I would be applying for my spouse's visa from outside the UK but am confused about the visa category, because of the below sentence in the guidance 'Appendix FM'

This guidance does not apply to applications made as the partner of a Relevant Points Based
System (PBS) migrant who has been granted indefinite leave to remain as a PBS migrant
where the migrant partner applies under the PBS provisions under Part 8. It does however
apply to partners of Relevant PBS Migrants who are applying under Appendix FM for leave to
remain in the UK, whose partner has been granted indefinite leave to remain under the long
residence provisions of the Immigration Rules.

Can someone please help whether my spouse should apply as Tier 1 dependent or Family of settled person

Thanks

[secret.simon]

Will this be your spouse's first settlement visa as your spouse or was she issued a PBS dependent visa earlier?

If this is her first spouse visa, family of a settled person visa.

If she was issued a PBS dependent visa earlier AND it is still valid (i.e. you are extending an existing PBS dependent visa) AND you got your ILR based on PBS rules and not on Long Residence rules, then a PBS dependent visa.

[blok242]

Thanks, this is her first visa so will apply for family of a settled person.