HOME Secretary Theresa May was branded “vindictive” last night after she said it “would not be appropriate” to allow an Australian family the right to work as they continue their battle to stay in the UK.

Her comments came in a response to the First Minister’s letter about Gregg, Kathryn and Lachlan Brain.

Nicola Sturgeon wrote to May last week, after meeting the family at Holyrood. Earlier this week, Immigration Minister James Brokenshire granted the family leave to remain until August 1, but he refused to reinstate their right to work.

In her letter, May backed his stance. She wrote: “Thank you for your letter of May 26 regarding the Brain family. As your letter notes, the immigration minister has already granted the Brain family two extensions of the grace period. But, given the specific circumstances of the family, he has decided on an exceptional basis to allow a further, final, period for Mr and Mrs Brain to seek to fulfil the requirements of Tier 2 of the points-based system.

“This period will run until August 1. But, it would not be appropriate to grant the right to work during this period.

“The minister has written to [local MP] Ian Blackford to this effect, and my officials have informed the family of the decision.

“I understand that when the immigration minister and Ian Blackford met last week to discuss the family’s case, Mr Blackford agreed that the Brain family ultimately need to secure employment that satisfies the requirements of Tier 2 of the points-based system. I should stress that this will be the final period of this type that the family will be granted, so it is essential that they seek to make an application which complies with these requirements in advance of August 1.”

But, Blackford told The National that May was wrong. He said: “There is a stunning lack of compassion in the Home Secretary’s response. She has got this completely the wrong way round. It is not appropriate that they have not been given the right to work. Both Gregg and Kathryn have two good job offers on the table, with their prospective employers both looking forward to them taking up employment.

“Why is it right for the Government to stop them being able to support themselves? In Kathryn’s case, in the establishment of a new distillery that will see additional jobs being created in Dingwall as well as the couple paying tax.

“This is a vindictive move by the Home Secretary and is outwith the spirit of what should have been there as of right under the post study work visa that was in place when they agreed to come to the UK.

“I am not prepared to accept this is the end of the matter and will be challenging the Government on this.”

Gregg Brain had worked for almost five years since the family moved to Dingwall under a Scottish Government – and Home Office-backed – initiative to repopulate the Highlands. Kathryn was studying at the University of the Highlands and Islands and their seven-year-old son has had all his formal education in Gaelic. In March, the Home Office told Gregg he could not work.

Both parents have been offered jobs, and yesterday he was perplexed at May’s claim.

He told The National: “I just don’t understand what would ‘not be appropriate’ about us working to support ourselves.

“I don’t know what’s inappropriate about us paying taxes or contributing to the culture and economy of Scotland.”

Last night a fundraising campaign set up by friends at justgiving.com had raised almost £7,000.