ILR - Spouse of British citizen

[knight007]

I am a british citizen. My wife came to uk on 12th sep 2010 from india. Her visa expires nov 2012. She has completed her life in uk test.
We were planning on applying for her settlement (ILR) in august since the UKBA website says you can apply up to 28 days before the end of your 2 yr anniversary (12 sep 2012) in my wifes case.

However we learnt the rules are about to change on 9th july 2012. You now have to wait 5 yrs before you can apply.

Does this effect people who are already on 2yr visas? Like my wife. Seems very unfair on those who are coming to the end of their 2 year period.

Can she apply earlier than 28 days i.e before the rules change?

[manci]

I am a british citizen. My wife came to uk on 12th sep 2010 from india. Her visa expires nov 2012. She has completed her life in uk test.
We were planning on applying for her settlement (ILR) in august since the UKBA website says you can apply up to 28 days before the end of your 2 yr anniversary (12 sep 2012) in my wifes case.

However we learnt the rules are about to change on 9th july 2012. You now have to wait 5 yrs before you can apply.

Does this effect people who are already on 2yr visas? Like my wife. Seems very unfair on those who are coming to the end of their 2 year period.

Can she apply earlier than 28 days i.e before the rules change?

The new rules effective from 9 July contain transitional arrangements under which the 2 year probationary period will continue to apply to your wife. See Appndix E, http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf
There is therefore no need to, and in fact one is not allowed to, apply earlier than 28 days before the end of the probationary period.

[knight007]

Thanks a lot. That was very helpful.