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You can find the current article at its original source at https://www.theguardian.com/uk-news/2016/sep/20/australian-family-fighting-deportation-granted-visa-to-remain-in-uk
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Australian family fighting deportation granted leave to remain in UK | Australian family fighting deportation granted leave to remain in UK |
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An Australian family who have been fighting deportation from the Scottish Highlands since May have described themselves as “over the moon” after learning that they have been granted leave to remain in the UK. | An Australian family who have been fighting deportation from the Scottish Highlands since May have described themselves as “over the moon” after learning that they have been granted leave to remain in the UK. |
Gregg and Kathryn Brain and their seven-year-old son, Lachlan, have been living around Dingwall since 2011, but became ensnared in tortuous bureaucracy after the post-study work visa scheme that initially attracted them to Scotland was retrospectively cancelled by the UK government. | Gregg and Kathryn Brain and their seven-year-old son, Lachlan, have been living around Dingwall since 2011, but became ensnared in tortuous bureaucracy after the post-study work visa scheme that initially attracted them to Scotland was retrospectively cancelled by the UK government. |
The community in Dingwall rallied around the family as their legal battle continued, raising money for legal fees as well as providing friendship and practical support when their uncertain circumstances forced them to leave their rented accommodation. | The community in Dingwall rallied around the family as their legal battle continued, raising money for legal fees as well as providing friendship and practical support when their uncertain circumstances forced them to leave their rented accommodation. |
After a series of eleventh-hour interventions from politicians including the first minister, Nicola Sturgeon, and a flurry of job offers which frustratingly failed to meet the strict work visa criteria, the Brains were told in August that the Home Office had begun the deportation process. | After a series of eleventh-hour interventions from politicians including the first minister, Nicola Sturgeon, and a flurry of job offers which frustratingly failed to meet the strict work visa criteria, the Brains were told in August that the Home Office had begun the deportation process. |
But on Tuesday following a job offer to Kathryn, which meets the visa requirements, the Home Office informed the family, originally from Brisbane, that they have leave to remain in the UK. | But on Tuesday following a job offer to Kathryn, which meets the visa requirements, the Home Office informed the family, originally from Brisbane, that they have leave to remain in the UK. |
The Home Office said: “We have always been clear with the Brain family that if a suitable job offer was received an application to remain in the UK would be considered. We gave them a number of extensions on an exceptional basis to allow them to try to secure a job that would allow them to meet the immigration rules. | The Home Office said: “We have always been clear with the Brain family that if a suitable job offer was received an application to remain in the UK would be considered. We gave them a number of extensions on an exceptional basis to allow them to try to secure a job that would allow them to meet the immigration rules. |
“Mrs Brain was subsequently offered a job with a hotel group. This has been considered and we are satisfied that it meets the conditions for a tier 2 visa. Today we have written to Mrs Brain and confirmed that she and her family have been granted leave to remain in the UK.” | “Mrs Brain was subsequently offered a job with a hotel group. This has been considered and we are satisfied that it meets the conditions for a tier 2 visa. Today we have written to Mrs Brain and confirmed that she and her family have been granted leave to remain in the UK.” |
The family’s local MP, Ian Blackford, who has made a number of representations to the immigration minister on the Brains’ behalf over the summer, tweeted his delight at the decision. | |
Victory for the Brains! I am delighted the home office have seen sense and allowed the family the right to remain. Thanks to all for support | Victory for the Brains! I am delighted the home office have seen sense and allowed the family the right to remain. Thanks to all for support |
The family 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 then intended to move on to a two-year, post-study work visa after she had completed her course. But the Home Office cancelled that scheme in 2012, citing widespread abuse, forcing them to apply for the far more stringent tier 2 visa. | The family 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 then intended to move on to a two-year, post-study work visa after she had completed her course. But the Home Office cancelled that scheme in 2012, citing widespread abuse, forcing them to apply for the far more stringent tier 2 visa. |
All five parties at Holyrood have since 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 since 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. |