A SCOTTISH MP has slammed the UK immigration minister for his “mean-spirited” and “nasty” decision to allow an Australian family to remain in Scotland for a further two months but to refuse them the right to work.
And Ian Blackford has written to James Brokenshire urging him to rethink the case of Gregg and Kathryn Brain and their seven-year-old son Lachlan.
The family had been told that they were at risk of being deported today, but Brokenshire said last week that there was “no imminent threat of deportation”.
Following a campaign to urge the Home Office to allow them to stay, Blackford received an email yesterday evening which said the family would be granted leave to remain until August 1, but they are not allowed to work.
Blackford told The National last night: “I’m writing to Mr Brokenshire saying this is absolutely unacceptable. I’m grateful that he’s granted the family the right to remain until August 1 to go through the tier two [visa] process, but when both Gregg and Kathryn have job offers in front of them and in Kathryn’s case it is integral to the success of the funding for the GlenWyvis whisky project in Dingwall, why on earth would the Government wish to restrict their right to work?
“It’s mean-spirited, it’s nasty, it’s simply not acceptable and he really must revisit this and do the right thing and allow the couple the right to work and make a living for themselves and make a contribution to the economy of the Highlands, which is what they want to do.
“There is no reason at all for this mean-spirited decision.”
Gregg told The National that Brokenshire had set the bar at an “impossibly high” level.
He said: “I hope I’m wrong, but it’s very easy to interpret this as a move that allows Mr Brokenshire to publicly say he’s given us every chance, while simultaneously making it impossible for us to comply.
“It gives us another two months but we don’t know the exact details of our sponsor employers’ position yet.
“It may be we’ll have to meet a maintenance funds requirement which would require us to hold untouched in a bank account £2,835 for period of 90 days prior to making our visa application.
“Now Mr Brokenshire must be very easily able to anticipate that he’s ordered us not to work since March so there is no way we’ve got that money at all – let alone to leave untouched in an account.
“It’s less than 90 days, so on a couple of different counts it’s going to be impossible for us to meet this new requirement.
“I’m extraordinarily grateful to him for giving us this extra time, but that is tempered by the fact that we are still homeless, unemployed and they are still looking into cancelling our drivers’ licences and freezing our bank accounts.
“And further he has set the bar impossibly high given that he knows if we can’t work we can’t meet the maintenance funds requirement for the tier two visa.”
Blackford and his SNP colleague Kate Forbes MSP have led calls for the family’s case to be reviewed. Both parents have been offered jobs in the Highlands, and Lachlan – whose first language is Gaelic – is in Gaelic medium education in Dingwall.
First Minister Nicola Sturgeon met the family at Holyrood last week and has twice written to home secretary Theresa May, but has yet to receive a reply.
Angus Robertson, the SNP’s Westminster leader also raised the issue in the Commons with a clearly clueless George Osborne when he stood in for David Cameron at Prime Minister’s Questions.
Blackford added: “How does he expect Kathryn, Gregg and Lachlan to make ends meet until the beginning of August while the UK Government refuses to allow them to work?
“Both Kathryn and Gregg have secured jobs in the local area, which would benefit the local economy and allow them to continue the enormous contribution that they have already made to life in the Highlands.
“What’s more is Kathryn’s job for GlenWyvis Distillery is a role aimed at increasing funding for the start-up company which will in turn drive up investment and create more jobs in the Highlands.
“The Tories must urgently rethink this unfair and pig-headed decision – it cannot be right that a young family should have to live with such uncertainty and worry to continue to stay in their home.”
Friends of the family have set up a crowdfunding page to help them with their visa expenses at: https://crowdfunding.justgiving.com/backthebrainstostay
A Home Office spokesman said: "The Immigration Minister has granted the family a further two-month extension to their period of grace which will allow them time to regularise their stay.
"But evidence of a relevant job which is in line with the immigration rules still hasn't been provided to date.
"An application for the family to stay will be considered during this period of grace if they can show evidence of a job that meets current immigration rules."
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