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| Australian family win fight against deportation from Scotland | |
| (35 minutes later) | |
| An Australian family who have been fighting deportation from the Scottish Highlands since April have described themselves as “over the moon” after learning they have been granted leave to remain in the UK. | An Australian family who have been fighting deportation from the Scottish Highlands since April have described themselves as “over the moon” after learning they have been granted leave to remain in the UK. |
| Gregg and Kathryn Brain and their seven-year-old son, Lachlan, became ensnared in a tortuous battle with immigration 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, became ensnared in a tortuous battle with immigration bureaucracy after the post-study work visa scheme that initially attracted them to Scotland was retrospectively cancelled by the UK government. |
| They were informed by their solicitor on Tuesday afternoon that the Home Office had granted them leave to remain in the UK, after Kathryn secured a job offer with a hotel group that satisfied visa requirements. | |
| Gregg Brain said the decision had lifted an enormous weight off his shoulders. “For months and months we’ve not been able to tell our son where he’d be living. The stress of walking the razor’s edge has been huge and to have it lifted is just wonderful,” he said. | Gregg Brain said the decision had lifted an enormous weight off his shoulders. “For months and months we’ve not been able to tell our son where he’d be living. The stress of walking the razor’s edge has been huge and to have it lifted is just wonderful,” he said. |
| The family, originally from Brisbane, 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 later apply for the far more stringent tier 2 visa. | The family, originally from Brisbane, 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 later apply for the far more stringent tier 2 visa. |
| After a series of eleventh-hour interventions from politicians including the Scottish first minister, Nicola Sturgeon, and a flurry of job offers following the publicity around the case that 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 Scottish first minister, Nicola Sturgeon, and a flurry of job offers following the publicity around the case that 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 Kathryn has now been employed as a curator for the Aviemore visitors’ centre of the Macdonald Hotels and Resorts group. Her husband described it as a “dream job”, given her enthusiasm for Scottish history. He added that Lachlan had been more phlegmatic about the news: “He’s taken it in his stride, and says that he wants to get a trampoline for the back yard.” | |
| After the Brain family’s predicament first came to public attention in May, they have received good wishes from across the UK and globally. The local community in Dingwall rallied around them 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 the Brain family’s predicament first came to public attention in May, they have received good wishes from across the UK and globally. The local community in Dingwall rallied around them 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. |
| Gregg said that the family had been floored by the level of support they had received. “It’s been amazing. Our friends have been incredible, but we’ve also had cards wishing us well from Gloucestershire and all over the country,” he said. | Gregg said that the family had been floored by the level of support they had received. “It’s been amazing. Our friends have been incredible, but we’ve also had cards wishing us well from Gloucestershire and all over the country,” he said. |
| 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.” |
| Sturgeon, who wrote personally to the then home secretary, Theresa May, about the case in May, welcomed the news. She said: “I’m glad the UK government has finally seen sense on this occasion – but the Brains should not have had this cloud of uncertainty hanging over them for so long. | Sturgeon, who wrote personally to the then home secretary, Theresa May, about the case in May, welcomed the news. She said: “I’m glad the UK government has finally seen sense on this occasion – but the Brains should not have had this cloud of uncertainty hanging over them for so long. |
| “This case also illustrates a wider issue, which is that the UK government must deliver an immigration system that meets Scotland’s needs and which allows talented international graduates and others with key skills to remain in Scotland after their studies are complete. We will continue to press for this.” | “This case also illustrates a wider issue, which is that the UK government must deliver an immigration system that meets Scotland’s needs and which allows talented international graduates and others with key skills to remain in Scotland after their studies are complete. We will continue to press for this.” |
| The family’s local MP, Ian Blackford, made a number of representations to the Westminster government on the Brains’ behalf over the summer, and tweeted his delight at the decision. | The family’s local MP, Ian Blackford, made a number of representations to the Westminster government on the Brains’ behalf over the summer, and 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 |
| He told the Guardian that he was relieved that the Brain family could now go back to normal life. | He told the Guardian that he was relieved that the Brain family could now go back to normal life. |
| Blackford said: “The Brain family have only ever expected the arrangements of their original visa to be honoured by the UK government . The post-study work visa would have allowed them to continue contributing to the local economy in the Highlands without the family being forced out of their home or relying on the charity of the local community to make ends meet. | |
| “Ultimately, we need control of immigration here in Scotland so that we can determine our policy that meets the needs of our country. There is a consensus across civic Scotland in favour of the post-study work visa and it is vital that this programme is reinstated so that we may benefit from the skills of those who come to study at our world-class institutions.” | “Ultimately, we need control of immigration here in Scotland so that we can determine our policy that meets the needs of our country. There is a consensus across civic Scotland in favour of the post-study work visa and it is vital that this programme is reinstated so that we may benefit from the skills of those who come to study at our world-class institutions.” |
| 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. |