UKBA made an error or is it my wishful thinking? Spouse Visa

[captain-zumba]

Hi everyone,

I am hoping to get some help and guidance from you guys. I would love to hear from you if you have been in the same boat as us.

****Situation*****
I am a British Citizen. My wife came to UK in 2008 as a student. Graduated in 2011 and was granted Post Study Work visa in 2011 for 2 years. During this we got married in 2013. Applied through same day service on 11th April 2013 and received visa stamped on 02nd May 2013 for 2 and half years. on 2nd May we also received a call from UKBA confirming dispatch of visa and that we will need to apply for Indefinite Leave to Remain once this visa expires. So her visa was switched to "Spouse Visa" to expire in November 2015. Letter received has the following wording:

In order to qualify for settlement you must have completed a period of 2 years in the United Kingdom as the spouse. You must apply before the end of your authorised stay in the United Kingdom.
Please understand that any further application that you make in the marriage category will be assessed against paragraphs 284 or 287 or 295D or 295G of the Immigration Rules.
Your application must be made on an application from which can be obtained online.
The form will ask you and your spouse to sign a declaration to the effect that you are still married/in partnership and that you are living together as husband and wife and intend to do so permanently. You will be expected to provide the proof of cohabitation for the period of previous two years in the form of official documents addressed to yourself and your spouse wherever possible. Current requirement is to provide 6 documents from 3 different sources. The dates of these documents should be spread across the whole 2 years period.

We understand that new rules require 5 years as spouse before indefinite leave to remain application. in which case 2 visas of 2 and half years are granted. We are really puzzled between the new rules, length of visa received (2 and half years) and the letter from UKBA asking to apply for Indefinite leave to Remain.

Can anyone please advise whats the best course of action at this stage. Should we:

1) Ignore the letter, apply for another extension of 2 and half years. After that apply for indefinite leave as thats what current rule says.

2) Apply for indefinite leave to remain as the letter confirms. Any error made is on UKBAs part.

We have spoken to UKBA and they have advised to do as the letter says. Has anyone been in the same boat as us?? Your help and responses will be much appreciated.

many thanks!

[geriatrix]

1.

The letter doesn't mean anything, when it comes to following the law! And you can't even claim you didn't know the rules .. because you do!

[vinny]

An ECO made, perhaps, a worst error with respect to another poster.