There was a gap of one-month which I knew about and regarding which I asked for discretion. But decision maker says there were two out of time applications. I know what they are talking about but they weren't out of time nor gaps. I say what happened at the end of this post but I need help to make my mind up regarding the work permit. In particular whether I should leave the country. I do want to take the HO to task about the refusal including sending a letter of reconsideration and going to judicial review (as no there is no appeal if you have valid leave when a refusal comes back) and any other thing I can do. But I read on a website:
http://www.uk-wp.com/
It is possible to switch to work permit immigration status only from a small number of other types of visas. For example, a visitor may not switch to work permit status, and nor may a dependent, or a student who has not graduated with a degree during his or her stay.
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So it seems I may have to leave and seek re-entry from abroad if I go the work permit route. I just worry the embassy will use a frivolous reason to exclude me especially as they know I applied for ILR and was refused.
This is what happened regarding the two out of time applications
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I Applied in time, passport not included as was expired pending new passport from embassy, said this in coverletter. Got passport sent it in, checked and waited, for two years, was told awaiitng consideration, backlog etc. I went down there and found out they never matched the passport to the application. They said they had the passport, would send it to me in few days, waited, checked, was told actually we sent it back to you a year ago with leave granted 'on paper' , not in the passport which they had (I dont know what that means as I don't know HO to give leave 'on paper'). Got new pasport again sent in application with detailed complaint and all evidence and got visa. Seems they have counted and recorded the first application as being out of time, possibly counting from when they got the passport. Then they count again the resubmission two years later as another application. But as no decision was returned to me my status did not change. Legal counsel says I had continuous stay even though the final decison was two years later. Course this will look bad on them.