Tier 2 and married to UK Citizen: Indefinite Leave to Remain

[choc_mouse]

My wife is currently on a Tier 2 visa and has been resident in UK for just over 2 years. I am British and have a UK passport.

We got married in the UK 9 months ago, so my wife is now married to a UK Citizen but she hasn't changed to a spouse visa yet.

We are now checking how she can "settle" in the UK and get indefinite leave to remain but it is not clear depending on which part of the UKBA website we read what applies:

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

You can apply for settlement as a husband, wife or civil partner if:

you have completed a period of 2 years in the UK, with a visa or permission to remain here in this category;

The "in this category" is not that clear in my opinion as I can interpret it in two ways.

1) To get indefinite leave to remain, does anyone know if she must:
- First change to a spouse visa
- Live here for a further 2 years

2) Or, because she
- has already been here for 2 years and
- she is married to a UK citizen
she can apply directly for indefinite leave to remain. Despite being on a Tier 2 visa.

Thanks for any help!
Rob

[vinny]

1).