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Scotland visa scheme an extraordinary betrayal, Australian couple tell MPs Cancellation of visa scheme was a betrayal, Australian couple tell MPs
(35 minutes later)
The Australian couple facing deportation from Scotland along with their Gaelic-speaking son have told MPs how a “relatively straightforward” visa arrangement resulted in “an extraordinary betrayal of trust”. An Australian couple facing deportation from Scotland along with their Gaelic-speaking son have told MPs how a “relatively straightforward” visa arrangement resulted in “an extraordinary betrayal of trust”.
Gregg and Kathryn Brain, who have lived in Dingwall in the Highlands since 2011 with their son, Lachlan, seven, gave evidence to the home affairs select committee on Tuesday. Gregg and Kathryn Brain, who have lived in Dingwall, in the Highlands, since 2011, gave evidence to the home affairs select committee on Tuesday. Their case has gained national attention after the post-study work visa scheme that initially attracted them to Scotland was retrospectively cancelled by the UK government.
Their case has gained national attention after the post-study work visa scheme that initially attracted them to Scotland was retrospectively cancelled by the UK government.
Following a series of 11th-hour appeals at Holyrood and Westminster in May, the family were granted leave to remain in the UK until August but have been refused the right to work despite both parents having been offered jobs in the Highlands.Following a series of 11th-hour appeals at Holyrood and Westminster in May, the family were granted leave to remain in the UK until August but have been refused the right to work despite both parents having been offered jobs in the Highlands.
Gregg Brain described how the family initially came to Scotland in 2011 on Kathryn’s student visa, while she took a course in Scottish history at the University of the Highlands and Islands. They intended to move on to a two-year, post-study work visa after she had completed her course. But the Home Office cancelled the scheme in 2012, citing widespread abuse, forcing them to apply for the far more stringent tier 2 visa. Gregg Brain described how the family initially came to Scotland in 2011 on Kathryn’s student visa while she took a course in Scottish history at the University of the Highlands and Islands. They intended to move on to a two-year, post-study work visa after she completed her course. But the Home Office cancelled the scheme, citing widespread abuse, forcing them to apply for the far more stringent tier 2 visa.
Brain said that it was only in 2012 that the couple became aware of the cancellation of the scheme, which was first announced in March the previous year, and that he had reassured his wife that such a move could not be retrospective. Brain said it was only in 2012 that the couple became aware of the cancellation of the scheme, which was first announced in March the previous year, and he reassured his wife that such a move could not be retrospective.
“It would seem to me a natural justice issue when people have made the decision [to move countries] and the significant life changes based on what was offered,” he told the committee. “In a country that prides itself on being the birthplace of the rule of law, to assume you will be dealt with ethically and honestly by the UK government should simply be beyond question.”“It would seem to me a natural justice issue when people have made the decision [to move countries] and the significant life changes based on what was offered,” he told the committee. “In a country that prides itself on being the birthplace of the rule of law, to assume you will be dealt with ethically and honestly by the UK government should simply be beyond question.”
The Scottish National party’s spokesperson for immigration, asylum and border control, Stuart McDonald, who is on the home affairs select committee, said the evidence session had laid bare the Brains’ poor treatment at the hands of the UK government.The Scottish National party’s spokesperson for immigration, asylum and border control, Stuart McDonald, who is on the home affairs select committee, said the evidence session had laid bare the Brains’ poor treatment at the hands of the UK government.
“The family have made Scotland their home and yet they have had to spend more than £25,000 on legal and visa application fees, are not allowed to work and are having to rely on the goodwill of the local community for accommodation and financial help. Not to mention their young son Lachlan whose education would undoubtedly suffer if he were forced out of Gaelic medium education, where English is not taught until primary four.” “The family have made Scotland their home and yet they have had to spend more than £25,000 on legal and visa application fees, are not allowed to work and are having to rely on the goodwill of the local community for accommodation and financial help. Not to mention their young son Lachlan whose education would undoubtedly suffer if he were forced out of Gaelic-medium education, where English is not taught until primary four.”
McDonald added: “The Brains thought long and hard about their move from Brisbane in Australia to the Highlands of Scotland and they did so on the basis of a number of factors, including that they would be able to make use of the post-study work visa after Kathryn graduated.”McDonald added: “The Brains thought long and hard about their move from Brisbane in Australia to the Highlands of Scotland and they did so on the basis of a number of factors, including that they would be able to make use of the post-study work visa after Kathryn graduated.”
He said that the family were asking for the Home Office to honour the spirit of the post-study work visa and to consider the exceptional nature of their circumstances. “At the very least they must be afforded all the support possible to get a fair chance of applying for a tier 2 visa,” said McDonald. He said the family were asking for the Home Office to honour the spirit of the post-study work visa and to consider the exceptional nature of their circumstances. “At the very least they must be afforded all the support possible to get a fair chance of applying for a tier 2 visa,” said McDonald.
All five parties at Holyrood have backed the reintroduction of the post-study work visas in Scotland, arguing that the Home Office decision does not reflect the demographic needs of the country.All five parties at Holyrood have backed the reintroduction of the post-study work visas in Scotland, arguing that the Home Office decision does not reflect the demographic needs of the country.