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| Australian family facing deportation say their case could be unique | |
| (35 minutes later) | |
| An Australian family battling deportation from Scotland believe their visa case could be the only one of its kind in the UK, though the Home Office is refusing to release figures. | An Australian family battling deportation from Scotland believe their visa case could be the only one of its kind in the UK, though the Home Office is refusing to release figures. |
| Gregg and Kathryn Brain also told the Guardian they felt “confident that we can put together a complying application”, as David Cameron responded positively to a question about their case during his final PMQs. | Gregg and Kathryn Brain also told the Guardian they felt “confident that we can put together a complying application”, as David Cameron responded positively to a question about their case during his final PMQs. |
| Cameron said he was familiar with the case and the family had been given an extension until 1 August to “put in an application in the normal way”. He added: “I very much hope that will happen.” | Cameron said he was familiar with the case and the family had been given an extension until 1 August to “put in an application in the normal way”. He added: “I very much hope that will happen.” |
| On Tuesday the Brains gave evidence to the home affairs select committee about how their “relatively straightforward” visa arrangement had resulted in “an extraordinary betrayal of trust”. | On Tuesday the Brains gave evidence to the home affairs select committee about how their “relatively straightforward” visa arrangement had resulted in “an extraordinary betrayal of trust”. |
| The family, who live in Dingwall in the Highlands with their Gaelic-speaking seven-year-old son Lachlan, have attracted international sympathy after the post-study work visa scheme that attracted them to Scotland was retrospectively cancelled by the UK government. | The family, who live in Dingwall in the Highlands with their Gaelic-speaking seven-year-old son Lachlan, have attracted international sympathy after the post-study work visa scheme that attracted them to Scotland was retrospectively cancelled by the UK government. |
| Speaking to the Guardian on Wednesday, Gregg Brain said dozens of people with visa difficulties had contacted him, but none had precisely the same issue. | Speaking to the Guardian on Wednesday, Gregg Brain said dozens of people with visa difficulties had contacted him, but none had precisely the same issue. |
| “As far as we are aware we are in a unique position in the whole of the UK. There are no floodgates waiting to open behind us,” he said. | “As far as we are aware we are in a unique position in the whole of the UK. There are no floodgates waiting to open behind us,” he said. |
| The family’s local SNP MP, Ian Blackford, has expressed frustration that the immigration minister, James Brokenshire, has refused to confirm whether this is the case. | The family’s local SNP MP, Ian Blackford, has expressed frustration that the immigration minister, James Brokenshire, has refused to confirm whether this is the case. |
| Blackford tabled a parliamentary question last month asking how many foreign nationals who had been granted student visas before the removal of the post-study work visa were still accredited as students in the UK. Brokenshire said in his response that the information was not readily available and would incur a disproportionate cost to provide. | Blackford tabled a parliamentary question last month asking how many foreign nationals who had been granted student visas before the removal of the post-study work visa were still accredited as students in the UK. Brokenshire said in his response that the information was not readily available and would incur a disproportionate cost to provide. |
| 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 they 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 they have been refused the right to work despite both parents having been offered jobs in the Highlands. |
| The family initially came to Scotland in 2011 on Kathryn Brain’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. | The family initially came to Scotland in 2011 on Kathryn Brain’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. |
| Gregg Brain said the family felt relatively confident about their new application, but added: “Our lawyer is at pains to tell us that nothing is certain where the Home Office is concerned.” | Gregg Brain said the family felt relatively confident about their new application, but added: “Our lawyer is at pains to tell us that nothing is certain where the Home Office is concerned.” |
| Brain said the family had been forced to wait several weeks for the final Home Office decision on their case following the reprieve in May. Their potential employer has submitted their sponsorship application to get the required job codes that would allow the Brains to put in their own renewed application. | Brain said the family had been forced to wait several weeks for the final Home Office decision on their case following the reprieve in May. Their potential employer has submitted their sponsorship application to get the required job codes that would allow the Brains to put in their own renewed application. |
| Gregg Brain said the family was hugely grateful for the support they had received from their local community, which has fundraised to help pay for ongoing legal and application fees. He said he hoped the couple’s appearance in the Commons had helped to “put a human face” on the plight of many facing immigration uncertainty, including EU nationals in the UK following the Brexit vote. | Gregg Brain said the family was hugely grateful for the support they had received from their local community, which has fundraised to help pay for ongoing legal and application fees. He said he hoped the couple’s appearance in the Commons had helped to “put a human face” on the plight of many facing immigration uncertainty, including EU nationals in the UK following the Brexit vote. |
| “People talk about arbitrary policy and targets, but every time you look at those numbers each one has a huge impact for an individual, a family and a community,” he said. | “People talk about arbitrary policy and targets, but every time you look at those numbers each one has a huge impact for an individual, a family and a community,” he said. |