Marriage Visa query

[conelize]

My wife is currently in the UK on a 2 year marriage visa that she was granted in January 2011. Back then we were told that after two years she can apply for indefinite leave to remain. I have seen since that the rules have changed for marriage visas and that after the initial two year visa another two/three year visa is required. As she was granted a 2 year marriage visa before this was initiated does this mean that the old rule still applies and she can apply for indefinite leave to remain? What form does she need to use?

Also, her current visa expires in mid-January, whats the earliest she can apply for a ILR/a new visa? I've heard it's 30 days before the current visa expires but just want to confirm. The earlier she can apply the better.

Many thanks

[Casa]

Relax. Your wife is under the old rules. She should apply on form SET(M).
http://www.ukba.homeoffice.gov.uk/visas ... ormset(m)/

She can first apply 28 days before the 2nd anniversary of the date she entered the UK on her spouse visa. If you're still unsure, post her entry date and either I or one of the other members will be able to confirm the earliest application date. She should of course apply before the visa expiry date

[conelize]

Thanks for your help

After indefinite leave to remain is granted how long does she have to wait to apply for citizenship and/or a British passport?

[Casa]

Are you British?

[conelize]

Yes.

[Casa]

Then once your wife has ILR and has completed a minimum of 3 years legal residence in the UK she can apply for BC...assuming she meets all the standard requirements. i.e Jan 2014.

[conelize]

Apologies, just noticed a typo in my original post. My spouses two year marriage visa was granted in Jan 2012, not Jan 2011. I assume she's still under the old rules and can apply for citizen ship in January 2015 then.

Thanks for your help

[Casa]

That's right...assuming she's been granted ILR.