I am currently on a spouse visa and married for 2 yrs this jan 2014. However because I applied for my visa before the new rules came in force I fall under the bracket of the two year waiting qualifying time before apply for indefinite leave to remain. 

My issue is ....when I applied for my visa It took so long due to the back log last year that My biometric card came a year later exactly on my  wedding anniversary with the 2 years visa which   expires in jan 2015 ....so in theory that would mean I would be married for 3 yrs before I can apply for ILR.

Some one mentioned to me that I could apply after 2 yrs of marriage(been living here for 7 yrs )even if my bio card expires in jan 15 because tecnically I have fulfilled my waiting period and that I should not have to wait another year due to the home office having a back log which caused them to take a whole year to send me my bio card . it should have at least taken 6 months max ! 

 Is there anyone who can advice or know of any similiar situation ....it is quite a lot of money applying for ILR and I am aware that applying too early would mean losing that money but in this case do I have any grounds?