ILR on Working Visa or Spouse Visa

[brunomars]

As per the new UKBA regulations after 9th July 2012 if you apply for settlement by marrying a UK citizen (family route)
you have to be in the country for 5 yrs before applying for settlement.

I think the rule might apply to people who apply for settlement solely on the basis of spouse visa (family route).
What if someone is already staying in UK since long time and planning to get married and settled.

My Case:-
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I am staying in the UK since Jul 2008 on Work Permit and Tier2 visa and I have got validity till Jul 2014.
I could apply for my ILR in August 2013 when I complete 5 yrs stay.

But I am planning to get married to a British Citizen in 2 months time.
Considering the fact that I've stayed 4 yrs in UK already.Can I not apply for ILR on the basis of

Work Permit - 1year (07/2008-07/2009)
Tier2 - 3 yrs (08/2009 - 10/2012)
Spouse Visa - 1yr (10/2012 - 10/2013)

If I get married now and apply for ILR in Aug 2013 incl 1yr spouse visa.
would the new (5yr settlement rule) be applicable to me.

Should I delay my marriage plan till I get my ILR?
Even though my Tier 2 visa is valid till Jul 2014 but is dependent on the Employer if he decides to terminate my employment within 1 yr time my visa would expire as well And I would have no option at all.
As ukba has introduced a 12-month cooling-off period.

Pls Advice.

[Lucapooka]

You still have to make five years in the partner category. You previous PBS leave will not be considered or aggregated into this.

Should I delay my marriage plan till I get my ILR?

You can marry now but you don't have to switch your immigration status. However, if your partner does not know this you could stall the ball and chain on that basis!