5 year spouse route and ILR

[ohdear123]

Hi
Can anyone please help me as I am a bit worried that I may have received some poor advice. I am on a 5 year spouse route, my Residence Permit is valid until 30/8/19. By the end of that I will have clocked up 5 years. I got some advice to apply for ILR a month before the expiry date, ie 1 August. I put in my application on 2 August. But I just read (stupidly after I put in the application) that you can only submit 28 days before expiry so I am concerned that I will be rejected on the grounds that I am 1 day early. I have made an appointment for the service centre to upload docs etc and that is not until later in the month. I don't know if that makes a difference or not. Please help!!

[CR001]

What date did you enter the UK on your spouse visa (not 6 month fiance visa if relevant)??

[zimba]

You should be eligible on the day of decision.

[ohdear123]

In answer to your question, I was already in the UK under an employer sponsored visa (Tier 2).
My spouse visa was granted on 2/9/14 and BRP valid from 8/9/14.
My appointment at the centre to submit docs will be 19 August. Does this date count at all?

Thanks I'm so grateful for your help

[ohdear123]

What date did you enter the UK on your spouse visa (not 6 month fiance visa if relevant)??

In answer to your question, I was already in the UK under an employer sponsored visa (Tier 2).
My spouse visa was granted on 2/9/14 and BRP valid from 8/9/14.
My appointment at the centre to submit docs will be 19 August. Does this date count at all?

[CR001]

Date of application is the date you submit and pay online. Date of appointment is irrelevant.

The requirement is to apply within 28 days before reaching 5 years residence on the required visa. HO can use discretion on the qualifying period as zimba has already stated.

You should be eligible on the day of decision.