Head teacher David MacIsaac's deportation wrangle resolved
- 11 November 2013
- From the section South Scotland
A formula has been agreed to resolve the visa issue that led to a Dumfries-based head teacher facing possible deportation back to his native America.
It follows the intervention of Dumfries MP Russell Brown and talks between David MacIsaac's lawyer and officials at the UK Border Agency.
His bid for permanent residency - following his marriage to a Scottish woman - had been turned down.
A framework is now in place to let Mr MacIsaac make a fresh application.
The Ae Primary School head teacher has been in the UK for nine years on temporary work visas.
He met and married his Scottish wife Susan nearly five years ago. She has since been diagnosed with cancer.
When it came to renew his papers Mr MacIsaac sought permanent residency as her spouse, but the Home Office turned him down, refusing to recognise the relationship as genuine.
Last week, officials admitted that was a mistake but said the visa refusal stood because he had applied for the wrong type.
They advised Mr MacIsaac to withdraw his appeal and start afresh with a new application - but his lawyer said that would leave him with no residency or employment rights in the interim.
Now, following the intervention of Mr Brown and further legal talks, the UKBA has agreed to withdraw its refusal.
It means Mr MacIsaac can pursue a fresh application and maintain lawful residence.
Immigration lawyer Jamie Kerr said that puts the case in a different legal framework which was "appropriate, safe and desirable" for Mr MacIsaac to follow.