The next step...

I guess I interpreted the post differently- that they didn't want to pay for the work permit, but they would keep her on if they didn't have to pay for the work permit, so if she told them that she would be able to apply for ILR next year instead and they just needed to provide that letter, they would be happier to keep her on. I guess only the OP knows for sure what the vibes are. I agree that switching to spouse would have greater security, but if she switches now she will still be subject to the new provisions. Therefore I would suggest sticking to the work permit for now, and only switching if it looks like they'll drop her rather than support her ILR application.

Hi guys, thanks ever so much for the really helpful input. Sorry for not getting back sooner, the 'real' world got in the way!

Just to pick up on a few things I've noticed looking through this thread.

Once she has ILR she has ILR; nowhere in the naturalisation materials does it say that she had to have been on a spouse visa to qualify for naturalisation, only that she IS the spouse of a British citizen.

Now this is what I thought was the case...

Also, she still needs to take the Life in the UK exam...so the OP will need to make sure that they take care of that requirement as well before going for the SET(O).

Yup, we're aware of this requirement and, all being well, will have it done at the appropriate time

Also when did the OP's wife actually enter the UK vs the valid from and valid to dates as if there is enough of a gap then she may need to extend the visa before going for ILR.

I think we should be ok with this - she came over fairly soon after getting the WP - although thanks for flagging it up - I'll check!

Also if she qualifies for ILR before July 2011 and citizenship before July 2013 then the 'Earned Citizenship' criteria will not apply.

Ah ha! Now this is the part that's confusing me a bit. When will the 'earned citizenship' start to come it?!?

As for her job, it's secure, in fact, she's just had a big promotion.

...that they didn't want to pay for the work permit, but they would keep her on if they didn't have to pay for the work permit

This is pretty much the case.

I guess only the OP knows for sure what the vibes are.

To be honest, the vibes are very good! She loves her job, they love her, she's doing very well, but the only spanner in the works is that her WP runs out next year!

I agree that switching to spouse would have greater security, but if she switches now she will still be subject to the new provisions.

This is my thinking. Really, I'm trying to get my head around the new provisions and how they're going to affect everything.

Therefore I would suggest sticking to the work permit for now, and only switching if it looks like they'll drop her rather than support her ILR application.

I'm inclined to agree, although I hasten to add, there's very little chance (well, as little as anyone has atm) of her being 'dropped'.

Thanks once again for all your help - it really is very much appreciated!

If the job is secure, no need to switch and no need worry about the new provisions because she will have her ILR and citizenship well before they come in. Just reassure her workplace that she will apply for ILR herself and that will give her full permission to work.

If the job is secure, no need to switch and no need worry about the new provisions because she will have her ILR and citizenship well before they come in. Just reassure her workplace that she will apply for ILR herself and that will give her full permission to work.

That's really reassuring to hear!

This is why I'm trying towork out when the new provisions are going to come in because we can't actually start the process until September next year...

Ho hum, I suppose life would be boring if things were simple 

That's really reassuring to hear!

This is why I'm trying towork out when the new provisions are going to come in because we can't actually start the process until September next year...

Ho hum, I suppose life would be boring if things were simple 

The new provisions for the ILR rule changes do not go into effect until July 2011. So you can completely forget about them as they will not impact you at all.

The new provisions for the ILR rule changes do not go into effect until July 2011. So you can completely forget about them as they will not impact you at all.

You have just made my millenium! That's fantastic to hear.

Is that set out in the policy (green paper?) or is that what UKBA are saying?

Suppose we'd better get saving!

Is that set out in the policy (green paper?) or is that what UKBA are saying?

It was the transitional arrangement that we (UKY) advocated & won from the Home Office & UKBA. In June 2009 it was included in the Borders, Citizenship & Immigration Bill by Ministerial Order and received Royal Assent in July 2009.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2009/september/transitional-arrangements-earned?area=Applicants

Excellent! Well done UKY! And many thanks once again for the friendly advice. This place really is a goldmine of information.

I will keep you posted on how our 'adventure' goes!

Wait, one other option... once she's been here for 5 years (on her WP) she can become a British Citizen by naturalisation. 

Huh? It's naturalisation anyway. If she weren't married she would still have to wait 12 months on ILR before naturalising, but as she is married she doesn't have to wait 12 months. I'm not sure what you're saying is another option.

I'm saying she could skip the spouse ILR and save herself some paperwork and a few hundred quid.  Just a suggestion.

For work permit naturalisation you still need to have ILR, and in fact you need to have it for 12 months!

ETA: From the UKBA website on naturalisation requirements:
You must be free from immigration time restrictions when you make your naturalisation application. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.

If you are free from immigration time restrictions then there is usually a stamp or sticker in your passport saying that you have indefinite leave to enter or remain or no time limit on your stay. But you may have a letter from the Home Office saying that you are free from immigration conditions. See The documents we require for naturalisation applications for details of how to prove you are free from immigration time restrictions.

oh! forget I said anything then! I have a friend who I am sure didn't get an ILR first, but then again I didn't see his passport so maybe he did.

oh! forget I said anything then! I have a friend who I am sure didn't get an ILR first, but then again I didn't see his passport so maybe he did.

there used to be a way to do it (involving applying from outside the country) but UKBA closed that loophole a couple of years ago.