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Highland MP reiterates plea for Australian family facing deportation

Gregg and Kathryn Brain, with their seven-year-old son Lachlan and Highland MP Ian Blackford
Gregg and Kathryn Brain, with their seven-year-old son Lachlan and Highland MP Ian Blackford

Highland MP Ian Blackford has written to the Home Office to clarify why an Australian couple facing deportation have been allowed to stay in the UK temporarily but denied the right to work.

Kathryn and Gregg Brain, whose young son Lachlan’s first language is Gaelic, were due to be removed from the country last month but given an 11th-hour reprieve.

Immigration Minister James Brokenshire confirmed there was “no imminent risk” of “immediate” removal and the parents have until the beginning of August to get their visa application approved.

But – despite both having jobs lined up – neither is allowed to work until one is granted.

Ross, Skye and Lochaber MP Mr Blackford, said the Brains had been set an “impossible task” by the UK Government.

The family came to Scotland as part of a government initiative in 2011 and had planned to move from Mrs Brain’s student visa to a two-year post-study work visa.

It was scrapped by the Home Office in 2012, however, so they have since been trying to apply for a Tier 2 visa, for people from outside the European Economic Area who have been offered a skilled job in the UK.

A couple of extensions were granted after qualifying jobs fell through, but it looked as though their time had run out – until last month’s stay of execution.

Provided they meet the criteria and a visa is approved within the deadline, the Brains should be allowed to stay.

But Mr Blackford is concerned at the impact on the family of the current situation and has called for them to be allowed to work.

He said: “They are denied the right to work, cannot even volunteer their time to their prospective employers, their passports have been confiscated and the Home Office has even threatened to freeze their bank accounts.”

In a written question to the Home Office, the SNP MP asked for the reasons behind the decision to be spelled out.

Mr Brokenshire confirmed in his reply that those with temporary leave to remain keep the conditions of that leave, including any associated work rights, until a new application is decided.

But he added: “Those whose leave to remain has already expired do not have permission to work and must normally make an application to regularise their stay within 28 days.”