Not sure what to do

Hi people.
I am not sure what to do.
My wife applied for a spouse visa in her homeland Russia 2 years ago. I am told that on her visa it should have had, no recourse to public funds. However she has indefinate leave to enter? We should now apply for ILR, but as she already has this status I am told I will be wasting money as the application will be refused. The telephone helpline tell me they cannot access here the type of visa that was granted, we should contact Russia. The timeframe of the ILE on my wifes visa is 27 months, not until the expiry of her passport.
I am sure they made a mistake in Moscow. Does anyone have a similar experience and can help.
Many thanks.
T

Sorry I failed to mention that wifey has never taken the Life in the UK test. The visa was granted December 2010 and expires March 2013.

Are you sure it's ILE?  How long had you been married when it was issued?

Your wife almost certainly does not have ILE if her visa is time limitied and she did not take the LIUK test.  Most likely she has Limited Leave to Enter, i.e. a standard pre-July 2012 spousal visa.

Perhaps you have been given out of date information about ILE?   Many years ago, all spousal visas were issued as ILE, but this has not been the case for about 10 years.

Thanks for feedback.
To answer some questions. It is definitely ILE Indefinite Leave to enter. We have been together 9 years now and lived all over the World. Kazakhstan, Russia, Egypt Mauritius, Cyprus to name a few. My wife has always got her Multiple entry visa to the UK in Ekaterinburgh Russia. So they know us well. She was also refused a UK Spouse visa in 2007 as we messed up the paperwork. Also we had to make 2 applications for her current visa. The second through a solicitor as it was tough to prove we were togeher as we lived in so many different places. The solicitor married all our international visa's showing we were in the same places at the same time. I think it is possible the ILE is good as they know how long we have lived together. Also they know her English is perfect and she has spent a lot of time in the UK. However the 27 month expiry on the visa is he confusing thing.
I phoned the immigration helpline again and they were again unhelpful after a 40 minute wait for them.

I'm inclined to think it's just an error, as based on what you have said your wife was definitely not eligible for ILE.  You really should have queried it when it was issued.  Now, you should apply for ILR as normal.  Your wife will need to pass the KOL test as soon as possible.  Include an explanation of the situation in a cover letter with your application. 

Thanks for feedback.
Finally got someone sensible after again holding he telephone line for 30 minutes.
The only way to find out which visa we have is to get in touch with Moscow, then get something in writing. How daft that nobody here knows?
T

According to what I'm told, Tony, your wife falls into what might be considered a great bit of immigration trivia.

Do NOT contact Moscow.  Do not contact anybody else.  Just have her take the test, qualify on residency, and apply for naturalization.

The "trivia" bit is this - it is known that a few years back, about 300 Russian women WERE INDEED issued ILE when what they had applied for were spousal visas.  It was reported to the Foreign Office, but they ignored it and denied any error.  So.......in going with the flow, these women have subsequently simply applied and been granted citizenship.

It's like the immigration lottery jackpot!

Hi Rebeccajo

My wife will not do as you are suggesting as she has the dates on her visa which expire 14/3/13. Therefore she is afraid to travel on this visa. Any thoughts on this anyone?

Hi

Looking at other forums it seems the dates in the corner of the visa. 27 months total is the time limit you have to validate the visa. ie enter the country. Not dates that the actual visa is valid for. After the visa is stamped it is indefinate and never runs out. You can take it with you when your passport expires and use it in conjunction with your old passport. Or pay 200 skwids and get a new one in your new passport.
Many thanks to all who left feedback.

Tony