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Job offer to Australian family facing deportation Sturgeon meets Australian family facing deportation
(about 4 hours later)
An Australian woman who, along with her husband and their son, faces deportation from the UK in five days' time has been offered a job. Scottish First Minister Nicola Sturgeon has met an Australian family which has been told it must leave the UK if it cannot meet visa rules.
The Brain family, who moved from Australia to Scotland in 2011, must leave if they cannot meet visa rules. Kathryn Brain moved from Australia to Dingwall, near Inverness, with husband Gregg and son Lachlan in 2011.
They hope the offer made to Kathryn Brain, by the business behind a planned distillery, complies with criteria. Mrs Brain was on a student visa at a time when a two-year post-study visa was in existence - but the rules were later changed.
Immigration Minister James Brokenshire has told the Commons that the family do not face "imminent deportation". Ms Sturgeon pledged to do everything in her power to help the family.
Mrs Brain and her husband Gregg, who have a seven-year-old son, Lachlan, live in Dingwall and had expected to be deported next week. The Brain family, who have been given leave to remain until next Tuesday, hope a job offer made to Mrs Brain by the business behind the planned GlenWyvis distillery in Dingwall will meet visa requirements and allow them to stay.
In an answer to a question from SNP MP Ian Blackford on the family's situation, Mr Brokenshire said his office was awaiting a new application from the Brains to be allowed to remain in the UK.
The minister said he would be meeting with Mr Blackford to discuss the matter, adding: "He can be assured that the family is not facing immediate risk of imminent deportation."
Brains' visa timeline
The Brains hope the job offer from GlenWyvis Distillery helps their case.
The distillery involved could become Scotland's first community-owned craft whisky distillery if it goes ahead as planned on a site near Dingwall.
Construction could start in June this year with the first run of whisky planned for Burns Night on 25 January 2017.
Extra timeExtra time
The family have Scottish ancestry and moved to Scotland as part of an initiative backed by the Home Office and Scottish government to attract people to live and work in the Highlands and Islands. Mr Brain said they were in the process of resubmitting a visa application in light of the job offer, but had "significant doubts" as to whether it will be possible to pull the paperwork together in time.
However, the Home Office closed the scheme in 2012 and Mr and Mrs Brain were required to comply with different visa criteria. However, UK Immigration Minister James Brokenshire has told the Commons that the family do not face "imminent deportation".
SNP MP Angus Robertson challenged Chancellor George Osborne about their situation during Prime Minister's Questions in the Commons on Wednesday. He was responding to SNP MP Ian Blackford, who has raised the family's case in parliament.
The UK government said the family had twice been given extra time to help them meet visa rules. Mr Brokenshire and Mr Blackford, the MP for Ross, Skye and Lochaber, met on Thursday afternoon to discuss the case.
The UK government has said the family had twice been given extra time to help them meet visa rules.
Brains' visa timeline
Speaking after her meeting with the family, Ms Sturgeon said: "I've assured the Brain family that the Scottish government will do everything it can to support them in their attempt to get the time that they always thought they would have to get jobs here, the right to stay here and continue to make a contribution to Scotland."
She said the family had "come here in good faith" under a scheme that was promoted by the Scottish government at the time and backed by the UK government.
The first minister added: "They fully expected that they would have the two-year post-study visa in order to allow them to secure work here. The problem is the UK government changed the rules before they had the chance to benefit from what they thought that they would benefit from.
"So there's a sense of natural justice here, as well as the human element."
Ms Sturgeon said the family's seven-year-old son had "virtually grown up here, he is a Gaelic speaker, he is to all intents and purposes Scottish".
Mr Brain has said he hopes "common sense will prevail" and his family will be allowed to remain in the country.
He also said they had been "absolutely floored" by the support they had received from the local community and across the political spectrum.
Mr Brain is a health and safety expert and his wife has just completed a degree in Scottish history.