Victory for Brain family in fight to remain in UK

22 Sep 2016 | Posted by Carl Thomas
An Australian family locked in a UK via battle with the Home Office have been given permission to remain in Britain.
Gregg and Kathryn Brain came to the UK five years ago on Mrs Brain’s student visa, which included the two-year post-study option to stay in Britain which was subsequently abolished by the Government.
The family, including seven-year-old son Lachlan, live in the Scottish Highlands. Lachlan’s first language is Gaelic.
The family was told they should leave voluntarily, because their leave to remain in the UK would not be extended. However, now that Mrs Brain has secured a job with a hotel group, the family have been told they can stay.
A Home Office spokesman 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 two visa.”
The Brains had been supported by the local and wider community in their fight to remain in Scotland.
Scottish First Minister had been backing their campaign and said she was “glad the UK Government has finally seen sense on this occasion”.

She added: "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."