ILR application PBS dependent - Visa expires before 5 years

[aussieinuk888]

Hi,

My husband is currently my Tier 2 PBS Dependant looking to apply for ILR. I am already on ILR.

His visa details are:
10-Sep-2015 - converted from Tier 4 student to Tier 2 dependent visa in the UK.
04-Sep-2020 - Current visa expires

Questions:
1) His visa expires before 5 years stay is reached but within 28 days rule. Does he qualify for ILR? (Is there an official guidance reference?)
2) If so, what date should he apply? As close to the 4th Sept or anytime after 13th August is technically ok?
3) Re: dependent ILR application - do we need to provide proof of our relationship? does he have to fulfil <180 day absence requirement? no mention of either of these things on the application form but I have heard other things.
4) can I still choose Super Priority service, even if I can't book an appointment at the moment? If so, should I choose an appointment date after 10th Sept, or again, doesn't matter?

Many thanks in advance!

AussieinUK888

[CR001]

1. He can apply within 28 days before the 5th anniversary of his tier 2 dependent visa start date. He doesn't need a valid visa right up to the 5 year mark. It must be valid when he qualifies and applies.

2. Anytime within 28 days before the 10th September.

3. Yes, two years evidence of cohabitation in both your names from 3 to 6 different sources, spread evenly for every 3 to 4 months. Whether he is subject to the absence limit depends entirely if he has a visa issued on or after 11th January 2018. You have stated all his tier 2 doesn't visa dates.

4. Super priority service has nothing to do with the appointment date. It is not a UKCVAS service. It is a UKVI service. You select this option if available when you apply online. Date of application is the date you submit it and pay online and not the biometric appointment date, which is irrelevant.

[aussieinuk888]

Thanks for the quick and super helpful response.
Just for my sanity, I have gone through the required documents and seen the checklist etc, but nowhere does it mention about proof of relationship.
Is this just something you know as an expert in the field, or is it actually written somewhere I’ve missed?

[CR001]

It is written in the immigration rules. Evidence of subsisting relationship is a mandatory requirement. Also stated in the PBS dependent guidance notes. If you don't submit evidence, ho will write to you to ask for it, causing further delays.

The online checklist is generic.