Help.. partner's ILR turned down for small gap in wp

[sbutler99]

Hi there,

My partner is Australian and has just applied for his ILR and been rejected...

We are still shocked and disbelieving at the result and the loss of £950.

Trying to find out whether there is any point appealing/lobbying mps etc etc. Basically he has been in the same employment for 8 years (I think 5 is the amount he needed to be eligible) but in 2007 there was a 3 week gap when renewing his work permit (this was due to Named OISC advisors providing slow and poor service, and australian public services losing his birth certificate and documents - he prepared in good time but these things caused 3 week delay, where he came home from work until he was covered again) But he has been employed by the same organisation for 8 years...

He is an unqualified teacher in an inner-city london school which is always in need of teachers as it's a rough, tough school to work at and people regularly leave, he is one of the few constants. however he would like to become a fully qualified teacher which he cannot do until he gets ILR.

I need to know if the decision made was a definite no, or if (as many cases seem to be) it all depends who makes the final decision and whether they are in any way compassionate as this is clearly just a bureaucratic issue..

Secondly, he paid an extra £200 to go to the home office direct so he would not have to post his passport (as we have a short holiday booked for next week) but on saying no the home office kept his documents with no explanation...

Also, they gave him a letter to confirm what they said was a definite NO, but the letter says they are still reviewing his case....

As a British citizen I find this most embarrassing on behalf of our country's public services and as a teacher i know only too well how valuable our inner-city teachers are to the country..

Does anyone have any advice on this situation (sorry it's so long and complicated)

Sarah

[PaperPusher]

He is an unqualified teacher in an inner-city london school which is always in need of teachers as it's a rough, tough school to work at and people regularly leave, he is one of the few constants. however he would like to become a fully qualified teacher which he cannot do until he gets ILR

Hello

Does your partner have Australian qualifications that are acceptable in Austalia to teach? Overseas trained teachers are not meant to teach for more than 4 years in public schools without obtaining QTS. Why does he have to wait for ILR?

Has he been given a right of appeal?

Have you been living together for at least 2 years?

[sbutler99]

No he has never taught in Australia. I think his school has registered him on the administration pay scale to avoid him having to get QTS (another reason he wants to gain ILR as he is being paid peanuts)

He has not been told anything about appeal... like i mentioned before even the decision he has been given and the letter he was given on the same day conflict with each other... very confusing...

thanks for replying,
pls let me know if you have any info which would help at all...

[sbutler99]

sorry, he has to wait for ILR so he can leave the job whilst he does a pgce... (again complicated, his degree subject is music, so his pgce would be music, but he currently teaches special needs/literacy and ict)

hope this answers your question...

[drjabberwocky23]

Could your partner be eligible to apply for ILR through his relationship with you (a British citizen)?

[sbutler99]

I'm really trying to find out if he's been treated unfairly by being rejected.. whether it is worth fighting/appealing... whether they can (if they are willing to overcome the pur bureaucracy of it all) overlook a 3 week gap between work permits, as he has been in the same employment for 7 years... and the gap was due to admin (state of victoria losing his birth certificate, place of work not producing dated evidence on time, etc etc) or whether it would be a waste of time and effort fighting a decision that cannot be changed...?

I don't think I will be able to help him as a british citizen until we have been living together for 2 years... which will be Feb 2010. even if we were to apply to be married, apparently it would take as long and cost as much as waiting until this date...

[drjabberwocky23]

I'm really trying to find out if he's been treated unfairly by being rejected.. whether it is worth fighting/appealing... whether they can (if they are willing to overcome the pur bureaucracy of it all) overlook a 3 week gap between work permits, as he has been in the same employment for 7 years... and the gap was due to admin (state of victoria losing his birth certificate, place of work not producing dated evidence on time, etc etc) or whether it would be a waste of time and effort fighting a decision that cannot be changed...?

I don't think I will be able to help him as a british citizen until we have been living together for 2 years... which will be Feb 2010. even if we were to apply to be married, apparently it would take as long and cost as much as waiting until this date...

I think it's a fairly tricky situation, as the Home Office were probably applying the rules in a pedantic manner, though perhaps lacking compassion. I honestly don't know if they'd take all the other circumstances you mention into account. However, I'm not legally qualified and I wonder if it may be worth getting some legal advice on this to even see if you have a chance of having this decision reversed.

[sbutler99]

thanks for your reply, yes it's tricky as judging by other people's similar issues i've seen on here it all depends whether you are lucky enough to get someone who has any compassion and is not determined to be as pedantic as possible...

However he has got our local MP looking into the case too so that may help....

Thanks again.

[The Station Agent]

Did they keep his passport? If so, then they are treating it as a postal app (too tricky to decide on the day), so all is not lost.