Biometric expires before qualifying period

[Diya018]

Hi all.

I’m slightly confused as to when my husband can apply for ilr so I’d appreciate if someone could clarify.
I have given some details below to make it easier-

My husband was issued a spouse visa on 3rd June 2013.
He is on the five year route and after 2 1/2 years he applied for leave to remain.
He was granted leave to remain and was also given a biometric residence card.
He was given a further 2 and a half years and we will now be applying for his indefinite leave to remain.

However we are confused as to when he will become eligible to apply as 28 days prior to completing 5 years makes it the 6th May?
But his biometric permit expires on 20th April 18.

We thought we would have to apply before his biometric permit expires however it seems he wouldn’t have completed 5 years by then.

If someone could please help I’d highly appreciate it.

Thank you.

[Casa]

What date did your husband first enter the UK?

[Diya018]

Visa was issued on 03/06/13 and he entered the UK on 15/06/13.
Thank you.

[Casa]

What date did he apply for his first FLR(M) visa

[Diya018]

I don’t know the exact date that he applied for FLR(M) but it was issued on 20/10/15.

[Casa]

I don’t know the exact date that he applied for FLR(M) but it was issued on 20/10/15.

Which has given him a 2.5 year FLR(M) extension. He can apply 28 days before the expiry date of this BRP

[Diya018]

Thank you Casa, we are hoping to apply on the 16th, 4 days before his biometric permit expires. Will be sending it via next day delivery to ensure it’s received on time.

[Casa]

Thank you Casa, we are hoping to apply on the 16th, 4 days before his biometric permit expires. Will be sending it via next day delivery to ensure it’s received on time.

That's fine. For postal applications, the application date is the date of posting. Keep the proof of posting receipt.