Date of entry in the UK or valid visa date for application?

[violinist22]

Hi all,

I have a dilemma on when can I apply for ILR. I was on a Tier 1 general (Partner) visa initially and I left the country and applied for Tier 2 visa from India on January 30th 2012. They granted me a Tier 2 visa from 18-02-2012 to 20-03-2015. Date of entry in the UK - 6th February using the Tier 1 general (Partner) visa since it was valid at that time.

On 18th February, I was in the UK and working for the same company. The first entry marked on my Tier 2 visa was on 1-04-2012 using my Tier 2 visa when I took a trip outside the UK. So, my date of entry stamp on the visa is 01-04-2012.

I am not sure what date will be considered my 5 years completion for application in 2017, is it the date Tier 2 visa was valid from (i,e 18-02-2012) while I was in the UK or the date I entered the UK first after my Tier 2 visa validity started? any guidance will be much appreciated.

Please let me know so I can book the appointment after 18th February 2017 or after 1 April 2017?

[CR001]

Your Tier 1 Gen partner visa would have been cancelled when your Tier 2 Gen visa was issued. You cannot hold two UK visas simultaneously. You should have entered the UK on 18th Feb 2012 and had your Tier 2 Gen 'activated' on arrival by means of an entry stamp.

[violinist22]

Thanks CR001.

But at the time of application, they did not tell me this that the visa is cancelled. None of the letters or instructions specified this. Technically, until 18th Feb 2012, I did not hold two visas at once. Question is if I was already in the country, does that mean automatically I switch to the tier 2 as of 18th Feb, which makes me eligible to apply according to the continuous period rule after 18-02-2017?