Few days gap for ILR application tier 2 dependant

[ladypotter]

Hello All. I was wondering if you could help me. I am now ILR but my husband is due to apply this December.
His entry clearance date was Dec 6,2016, came to UK Dec 7,2016, while the expiry of his visa is on the 30th of October 2021. What would be thebest thing to do?
A. Do a visa extension and apply after dec 2021?
B. If the 28 days before 5th yr from entry clearance is applicable, that means he can apply from the 8th of November, which leaves us 8 days short as his visa expires 30.10.21. Can he submit his application on the 29th of October and book for biometrics after November 8?

What other best option would you suggest?
I would appreciate all your input. Thanks very much in advance...

[CULLINAN]

Can he submit his application on the 29th of October and book for biometrics after November 8?

Yes.

As your understanding is correct, reiterating that he must apply before current visa expiry and book biometrics after he qualifies. You get 45 working days (2 months) to submit biometrics after online submission.

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

https://assets.publishing.service.gov.u ... 2.0ext.pdf

[ladypotter]

Thank you very much Cullinan. I really appreciate your reply. I do not need to vary application right as I would go straight with the ILR application. I just hope there wouldnt be any problem with the 8 day gap. Has anyone got the same situation as mine and was successful?

[zimba]

The advice given to you is clear and been given to hundreds of applicants previously. There is no issue