Please help: ILR or Extention of Spouse visa

[saigon]

Hi All,

Me and my wife came to the UK in 2007 when she got her UK ancestry visa and im as her dependent. My wife got got her British citizenship in 2011 as she was born to a British mother therefore my current visa might not valid and i need to apply for a new one. Me and my wife have been married for over 4 years and have been living in the UK for over 3 and half year and i wonder what visa should i apply for? ILR or Spouse visa? An Immigration lawyer told me that he would apply for ILR base on that I have always been married to a British citizen, other immigration lawyer said i must apply for Spouse visa. I can't afford to lose money so please help me make the right decision.
Thanks for all your opinion and advice.
p/s I read "ppron method: http://www.immigrationboards.com/viewtopic.php?t=15217 " of apply for British citizenship but the new AN form clearly states that if your try to avoid "immigration time restriction" then UKBA won't approved the application

[John]

The "ppron method" no longer works, UKBA have made that clear. They made the point that applications are "at discretion" and they would use their discretion to reject applications using that method.

Your visa application? I think you need to apply for a 2-year spouse visa.

As regards "An Immigration lawyer told me that he would apply for ILR base on that I have always been married to a British citizen", well you haven't have you! Your wife has only just become British. Even if your wife had the right to apply for her British Citizenship earlier, that does not make her citizenship backdated.

[saigon]

Thanks John for your reply. I believe lots of South Africans fall on this situation and do you or anyone know if I have to wait for another 2 year to apply for ILR or I can count the time I have spent as spouse of UK Ancestry visa qualify for 2 years in the UK.
Thanks

[John]

You have to wait 2 years, well nearly, you can apply for ILR 28 days prior to the expiry of the 2-year spouse visa.