Please talk me off the ledge!

Thanks for all your input, everyone! Certainly some ideas to think about.

So I think I might have found a work around -- DH said the passport had expired but when I looked it actually expires October 2014. I found there is a checking service offered by a nearby local authority that takes certified copies, meaning you don't have to send your documents off: http://m.bracknell-forest.gov.uk/settlementcheckingservice#rdaswrnojs1503

The only thing is...will they issue the visa if they're still processing it in, say, November or December and the copy of the passport they have is expired? Would we be able to forward on a certified copy of the new passport at that point?

Trying to avoid paying for the premium service if possible -- our son is still in full-time nursery and summer is expensive due to no early years funding out of term time!

In that case, you should be fine! You said his visa was issued before 6 July, 2012? When did he enter the UK? Remember, if he entered on a spouse visa he can apply 28 days before 2 years in the UK. If he entered on a fiancé visa, he can apply 28 days before 2 years on FLR... So it might be that if he gets this test done ASAP he can even apply now!

I just called UKVI where a very sullen young man informed me that -- and this is a direct quote -- "it doesn't matter if the passport expires while the application is being processed, because the visa is now issued as a separate biometric card". So according to him, as long as the passport is current when we submit, we should be OK.

Does this sound too good to be true to anyone else? Might still go the checking service route as if it does come back for want of a current passport, we'd have it already!

In that case, you should be fine! You said his visa was issued before 6 July, 2012? When did he enter the UK? Remember, if he entered on a spouse visa he can apply 28 days before 2 years in the UK. If he entered on a fiancé visa, he can apply 28 days before 2 years on FLR... So it might be that if he gets this test done ASAP he can even apply now!

He actually entered at the end of June 2012, so we could have applied a while back. I'd say it's our own fault for leaving things to the last minute but really we just needed some time to save the fee up after we moved in March so I could take a better job (rental deposit/agency fees etc ate our savings!)