Late pleas for Brain family as deportation deadline looms
● MP claims work visa denied to mother set to be offered to students in England
An Australian family who moved to the Highlands were last night facing deportation from the UK despite a series of last-minute appeals that they be allowed to stay.
Kathryn and Gregg Brain, who moved to Dingwall with son Lachlan in 2011, had until midnight to meet visa requirements after being given a twomonth extension in May.
With the deadline approaching yesterday, the SNP accused the Home Office of an “unacceptable snub” to Scotland amid claims international students at a number of English universities are to be offered the post-study work visa denied to Mrs Brain.
Meanwhile, actor Tom Conti said he would provide money to ensure the Brains maintain a minimum balance in their bank account in order to meet visa requirements. He accused the Home Office of acting like the “Soviet Union”.
The family moved to Scotland on Mrs Brain’s student visa five years ago, but a twoyear post-study visa scheme then on offer was later withdrawn by the UK Government.
In order for the family to stay, Mrs Brain must now secure a skilled job, paying a minimum of £20,800 per year. A job at a local distillery has already fallen through as it did not meet the visa requirements.
Mr Brain said: “At this stage we are still very much hoping that an employer will come forward and we’ll be able to continue moving towards a Tier Two visa application.
“Of course, what I’d really like is for the Home Office to give us what they promised when we moved here in the first place – a two-year visa with the right to work. We have fulfilled our end of the bargain and we still very much want the Home Office to fulfil theirs.
“But failing being dealt with honourably by the UK Government, what I would like is for an employer to come forward and take Kathryn on to enable us to get a permit and be able to stay on in Scotland.” The UK government announced the discontinuation of the post-study work visa scheme in March 2011, three months before the Brain family arrived in Scotland.
Mr Brain said they were accepted for the scheme in 2010, and did not become aware of the changes to the rules until two years later, shortly before they came into effect. A day before they were due to be deported on 31 May this year, immigration minister James Brokenshire gave the family leave to remain in the country until 1 August.
His successor, Robert Goodwill, has said he would be willing to look at extending this if a concrete job offer was made, Mr Brain said.
The family claimed the postwork study route being denied them had recently been introduced for international students at English universities.
Ian Blackford, SNP MP for Ross, Skye and Lochaber, said: “The Brain family have only ever asked for the post-study work visa to be honoured but the UK Government has doggedly opposed this – yet they have just announced a new pilot visa scheme for international students at a handful of universities in the south of England. This is an unacceptable snub to Scotland which adds insult to injury. “
A Home Office spokesman said: “All visa applications are considered on their individual merits, and applicants must provide evidence to show they meet the requirements of the immigration rules.”
The Home Office dismissed the suggestion the post-study work visa had been reintroduced for some students. A pilot scheme will simplify the visa application process for Masters students, granting them up to six months leave to remain after the end of their course to find a graduate job under Tier Two visa rules.
A spokeswoman for the Prime Minister said: “We recognise the strength of feeling on this case, but there is a need to follow the rules.
“To date, [the Brain family] have not lodged a visa application with the Home Office. They have already been given three grace periods of temporary leave to remain in order for them to make an application for a Tier Two visa.”