Spouse Visa Issued Instead of Marriage

[salter45]

We applied for a Fiance visa for my (at-the-time) fiance, who is a Chinese National. Visa was issued 17th September, but was endorsed SPOUSE/CP instead of MARRIAGE/CP, and with 27 months validity rather than 6 months, and without the condition precluding Work.
As soon as receiving it, we raised this apparent error with the local VFS office who insisted that the visa was correct, and also with the British Embassy in Beijing, who simply referred us back to the local VFS office.
Following off-the-record advice from the UKBA Helpline in Croydon, we decided to make travel arrangements for my fiance to come to the UK forthwith, given the suggestion that the situation could be explained to Immigration Officers if it was picked up on as being a problem, and the situation resolved in the UK.
The short and long of it is that she had no problem entering the UK and have been able to give notice and get married without any issue being raised.
The situation now, of course, is that we should now be applying for FLR, which would (as I understand it) give her the visa she already has, plus a biometric ID card. I am aware that the UKBA has procedures in place for re-issuing visas issued incorrectly and so I guess that technically, this is the correct avenue to pursue, although rather churlish given that she already has the visa she now needs to apply for.
Our primary considerations are:
- to ensure we do not fall foul of immigration laws;
- to enable her to legally work ASAP;
- to avoid if possible the ELT requirement for FLR applications made after 29 Nov (her English is pretty good, just want to avoid the hassle and expense);
- for her to be in a position to leave and re-enter the UK freely ASAP, but certainly by Chinese New Year.
Is it possible/legal just to continue staying here with the current visa? If so, then how does one get the bio ID card, and how can she prove she can legally be employed?
Is it in fact probable that the visa issued is correct, as per the local VFS office (I don't believe it is)?
Appreciate greatly any advice on how to proceed

[salter45]

Have now been advised by Beijing that visa was issued correctly.

[vinny]

Have now been advised by Beijing that visa was issued correctly.

Did you get this in writing?

[salter45]

yes, from the ECO that considered our application.
The ECO was satisfied that she qualified under paragraph 295D of the Immigration Rules.[/quote]

[Casa]

Very strange that a spouse visa (27 months) could be granted to a fiancee
before the marriage has actually taken place!
Ah! I've added this edit having looked up 295D:
Leave to remain as the unmarried or same-sex partner of a person present and settled in the United Kingdom
The ECO appears to have issued you with an Unmarried Partners Visa which would give her the same 27 months initial visa as a married couple.
In which case, I assume you can just continue as you are and apply for ILR in the normal way before the expiry of the visa. Your wife won't need the Biometric ID card as this is only issued when applying for FLR(M). She won't need to meet take the new English test, but will still have to pass the Life in the UK test before she applies for ILR in 2 years time (under current regulations).
She is legally able to work without restriction.

[vinny]

yes, from the ECO that considered our application.
The ECO was satisfied that she qualified under paragraph 295D of the Immigration Rules.

The endorsement is slightly different for unmarried partners (should contain the word "partner" instead of "spouse/cp").

However, I think it should be okay after your marriage.