:00:00. > :00:00.statement updating the steel industry, and are very heavily
:00:00. > :00:07.subscribed main debate today. So the time limits will need to be strict
:00:08. > :00:16.late enforced. Mr Ian Blackford. -- strictly. To ask the Secretary of
:00:17. > :00:21.State for the home Department if she will make a statement on the
:00:22. > :00:34.impending deportation of the family from Dingwall?
:00:35. > :00:42.Ministers do not usually comment on individual immigration cases however
:00:43. > :00:44.I am happy to waive this convention today, to properly address the
:00:45. > :00:51.question raised by the honourable gentleman. N Brain came to the UK in
:00:52. > :00:56.2011 on a Visa which expired last year in May, with her husband and
:00:57. > :01:01.son listed as dependents. On the 25th of May, Katherine Grainger
:01:02. > :01:07.applied for another Visa, -- Catherine Brain. In June this was
:01:08. > :01:11.granted to December of last year. In December than application was made
:01:12. > :01:16.for leave to remain under Article eight of the European can not human
:01:17. > :01:22.rights, which was refused with an out of country right to appeal. This
:01:23. > :01:25.time has been open to them to make a skilled worker application under the
:01:26. > :01:31.points -based system. On the 12th of April a exceptionally extended the
:01:32. > :01:37.grace period after the leave expired, during which a valid
:01:38. > :01:40.application could be made to the 11th of May. I subsequently extended
:01:41. > :01:45.the grace period further, to the end of this month, upon hearing he had
:01:46. > :01:50.submitted a job application with an appropriate employer. We have not
:01:51. > :01:54.yet received an application from the Brain family for leave to remain
:01:55. > :01:58.under the points -based system, but we will consider any application
:01:59. > :02:02.they make. I am meeting the honourable member this afternoon
:02:03. > :02:08.again to further discuss this matter, but he can be assured that
:02:09. > :02:14.the family does not face an imminent risk of immediate deportation. It is
:02:15. > :02:17.important we recognise the excellent offer the UK have. There is no limit
:02:18. > :02:23.on the number of international graduates remaining in the UK today
:02:24. > :02:33.work, to provided they can secure a graduate level job. I look forward
:02:34. > :02:42.to meeting him again later today to discuss this matter. I am grateful.
:02:43. > :02:47.I must say that the question we took was to the Home Secretary, and it
:02:48. > :02:49.was the Home Secretary who was briefing the Chancellor of the
:02:50. > :02:57.Exchequer when he responded to my right honourable friend the Member
:02:58. > :03:01.for Moray a prime ministers questions. When the family came,
:03:02. > :03:04.they came under the fresh talent initiative that was put in place by
:03:05. > :03:14.the previously bid administration in Edinburgh, with the support of the
:03:15. > :03:19.Home Office. That is the commitment this government made to those coming
:03:20. > :03:22.to Scotland in 2011, and what has happened is that the government has
:03:23. > :03:27.taken retrospective action to deny the rights of these family -- this
:03:28. > :03:32.family would have been granted under that legislation. There is a breach
:03:33. > :03:36.of trust and faith as far as this government is concerned. I want to
:03:37. > :03:40.help the Minister insofar as the number of people who came under the
:03:41. > :03:44.fresh talent initiative has dwindled to virtually nothing, what we are
:03:45. > :03:48.asking is for the government to recognise the commitment that this
:03:49. > :03:54.family have made to the Scottish Highlands, specifically when I look
:03:55. > :03:57.to Lachlan, a seven-year-old boy, Gaelic education in the Highlands,
:03:58. > :04:01.writing and reading in the Gaelic language. He does not write and read
:04:02. > :04:06.in English. He speaks good English, but it is different to be educated
:04:07. > :04:10.in a different language. The thought of reporting that young boy to
:04:11. > :04:14.Australia where he will be two years behind his peer group, is shameful,
:04:15. > :04:19.and that is where the human rights aspect of this comes in. Catherine
:04:20. > :04:23.has now been offered a job in a start-up business, and new
:04:24. > :04:27.distillery in Dingwall, which will offer jobs and prosperity not just
:04:28. > :04:32.to her, but to others. We need to recognise that they should be given
:04:33. > :04:40.that rate to stated a. Give them the time to qualify for the tier two
:04:41. > :04:50.Visa, show some compassion. Do the right thing today. The honourable
:04:51. > :04:58.gentleman will know that I have met him on previous occasions to discuss
:04:59. > :05:02.this case. And he says that I should show compassion and humanity. He
:05:03. > :05:07.will know that I have already exercised discretion, not once but
:05:08. > :05:11.twice, in relation to this case, on the basis of representations he has
:05:12. > :05:16.made on the half of the family. I will listen very carefully to what
:05:17. > :05:20.he said, and I look forward to meeting him later to hear more of
:05:21. > :05:28.the details that he has relayed to the House this morning. But I would
:05:29. > :05:33.wish to correct and is likely on some of the facts that he has
:05:34. > :05:38.presented. He said the family came here under the fresh talent scheme,
:05:39. > :05:44.but that closed in 2008 and was replaced by the Post study work
:05:45. > :05:49.scheme, which, yes, was closed by this government, and we announced
:05:50. > :05:58.that on the 21st of March 2011. The Brain family arrived on the 14th of
:05:59. > :06:02.June 2011. There are very clear issues that we do consider about
:06:03. > :06:07.Post study work opportunities, removing from the tier for study
:06:08. > :06:15.route into Tier two, and I am pleased to note that around six
:06:16. > :06:18.thousand people who did that -- 6000 people who did that, the information
:06:19. > :06:23.is available. It is important that the Scottish Government continues to
:06:24. > :06:28.play its part on creating an enterprising economy to create those
:06:29. > :06:33.jobs and opportunities for his constituents, so that provides that
:06:34. > :06:39.route for people who do study at our universities to have that graduate
:06:40. > :06:44.employment, because ultimately the previous arrangements existed and
:06:45. > :06:49.did not work. They allowed abuse to take place and saw people moving
:06:50. > :06:52.into low skilled employment not reflecting the education they had
:06:53. > :06:56.obtained. But I do wish to reflect further on the comments he has made
:06:57. > :07:03.today, and I look forward to meeting him later. There is no one more
:07:04. > :07:10.passionate about having a robust immigration policy than me. But I
:07:11. > :07:16.wondered whether or not the Minister would agree that this may be a case
:07:17. > :07:23.where the government is being overly harsh and people from outside of the
:07:24. > :07:27.European Union as a direct consequence of having free movement
:07:28. > :07:36.of people from within the European Union. I said to my honourable
:07:37. > :07:40.friend that in terms of dealing with issues of migration, it is important
:07:41. > :07:44.that we take steps outside of Europe, where the majority of net
:07:45. > :07:49.migration comes from, as well as inside Europe, so that is the
:07:50. > :07:58.approach we look at. I will certainly reflect on the further
:07:59. > :08:03.representations that are made to be. I would like to express my heartfelt
:08:04. > :08:06.sympathy to the Brain family who came here in good faith and have
:08:07. > :08:10.been let down by the government. There case is yet another that
:08:11. > :08:16.highlights the chaos of the immigration system under this
:08:17. > :08:19.government. The Brains situation will be familiar to many members in
:08:20. > :08:24.this House who have faced constituents facing deportation due
:08:25. > :08:30.to changes to immigration rules. This is a family who came to the UK
:08:31. > :08:34.on a government scheme specifically designed to attract people to
:08:35. > :08:37.relocate here. They entered illegally, they have integrated into
:08:38. > :08:41.their community and have fully embraced its way of life. That they
:08:42. > :08:45.should now be faced with a petition due to government changes shows the
:08:46. > :08:47.problem caused by the constant chopping and changing of the
:08:48. > :08:51.immigration rules by the Home Office. These changes are
:08:52. > :08:57.retrospectively made in a desperate attempt to meet targets on net
:08:58. > :09:01.migration that the government has consistently missed and shows no
:09:02. > :09:07.signs of meeting at any time soon. It just adds insult to injury. The
:09:08. > :09:14.Highlands of Scotland have faced a problem of the precision
:09:15. > :09:19.percentages. -- deportation. Is the right honourable member for Moray
:09:20. > :09:25.said yesterday, it is not a case of immigration but of emigration. The
:09:26. > :09:29.immigration system must face the needs of our communities, not
:09:30. > :09:35.focusing just on an arbitrary number from Whitehall. It is important
:09:36. > :09:40.rules are enforced, but this is also an issue of compassion. Should we be
:09:41. > :09:44.uprooting a young family who came to the UK legally and in good faith
:09:45. > :09:47.from lights they have built here? Should we be deporting children
:09:48. > :09:55.whose whole lives have been here to a country they barely know? Why do
:09:56. > :10:00.the brain family -- to family not qualify under the original terms? I
:10:01. > :10:04.understand he has extended the application process, but given that
:10:05. > :10:07.these terms were changed by the government, what support has been
:10:08. > :10:12.provided to assist the family? Why is the Home Office making this an
:10:13. > :10:22.issue of immigration rather than emigration? The help provided has
:10:23. > :10:26.been the discretion that has already been applied in relation to this
:10:27. > :10:31.case, not once, but twice in allowing extra time for the family
:10:32. > :10:35.to make their stay regular. So it is incorrect to suggest we have taken a
:10:36. > :10:47.blinkered approach or to have simply applied a very strict approach that
:10:48. > :10:51.she has criticised. In relation to the Post study work, it is important
:10:52. > :10:58.that the House understands that the reason we made these changes was not
:10:59. > :11:02.to simply target some simple number, it was rather to deal with abuse in
:11:03. > :11:08.the system, that this government inherited from the last Labour
:11:09. > :11:12.government. On the fact we had students arriving in this country
:11:13. > :11:21.that could not speak English, using this as a mechanism not to study but
:11:22. > :11:26.to work. But we have shown that we are prepared to listen in respect of
:11:27. > :11:32.this case. We have already taken representations from the honourable
:11:33. > :11:36.member whose constituency represents in continuing to reflect on this,
:11:37. > :11:40.and as I have indicated, that is what we will do, but I would say
:11:41. > :11:44.that we will make the point that the family have known for at least five
:11:45. > :11:50.years of what the requirements would be, the need to get a graduate-level
:11:51. > :11:52.job, and we do wish them success in securing that, and I look forward to
:11:53. > :12:00.hearing further representations regarding this. This case highlights
:12:01. > :12:05.the fact that Scotland's migration needs are different from the south
:12:06. > :12:10.of England's. I would like to assure the Minister that the Scottish party
:12:11. > :12:16.government in Edinburgh has created an enterprising economy. We need the
:12:17. > :12:20.government to do its bit in bringing in a policy that will enable
:12:21. > :12:25.Scotland to attract and keep the talent we need, particularly in
:12:26. > :12:28.areas like the Highlands. When will this government recognise that
:12:29. > :12:32.Scotland's migration needs are different, and in particular will he
:12:33. > :12:36.tell me when his government are going to reintroduce the Post study
:12:37. > :12:42.work Visa, bearing in mind that all parties in the Scottish Parliament
:12:43. > :12:49.support that, including Ruth Davidson's party.
:12:50. > :12:55.Our immigration policy is formed on the basis of the whole of the UK and
:12:56. > :13:01.the needs of the UK, in attracting skilled and talented people to come
:13:02. > :13:05.to the United Kingdom to contribute to our continued economic growth
:13:06. > :13:10.which is what I have underlined to other honourable members in the
:13:11. > :13:15.answers I have given. We do recognise within, for example, the
:13:16. > :13:19.shortage of skills, the fact there is a separate shortage occupation
:13:20. > :13:23.list on prioritising the visas that are given to people coming to work
:13:24. > :13:30.within the United Kingdom, reflecting that is the case. The
:13:31. > :13:35.reason that we did take the step we did an relation to post study work
:13:36. > :13:39.was because of the abuse we saw and also, some have referred to the
:13:40. > :13:44.fresh talent scheme and the information from the Scottish
:13:45. > :13:48.Government social research in 2008 indicated only 44% of that actually
:13:49. > :13:52.remained in Scotland at the end of their two years leave under the
:13:53. > :13:57.scheme and many people have come to London and the South East rather
:13:58. > :14:01.than staying in Scotland. We have heard a great deal about the fresh
:14:02. > :14:05.talent scheme so does he agree with me that the fresh talent scheme that
:14:06. > :14:09.was run under the last Labour Government was flawed and did not
:14:10. > :14:14.lead to skilled migrants settling in Scotland? That has nothing to do
:14:15. > :14:18.with Government policy now, the particular case of which we are
:14:19. > :14:26.treating. We have to have things dealt with in an orderly way. The
:14:27. > :14:30.brain family enjoy support throughout the Highlands and I have
:14:31. > :14:34.had many similar cases over my years as a member of Parliament. The
:14:35. > :14:38.Minister says we have to have a system that works for the whole of
:14:39. > :14:41.the United Kingdom and he is absolutely right but the truth of
:14:42. > :14:45.the matter is that the current system does not work for communities
:14:46. > :14:49.like those in the Highlands and it doesn't work for communities in the
:14:50. > :14:55.rural north-west of England, Cornwall or mid Wales. Will he look
:14:56. > :14:58.again at the way the rules operate and understand the immigration needs
:14:59. > :15:03.of Aberdeen, Edinburgh and Glasgow are very different to those of the
:15:04. > :15:08.Highlands and islands which again are different to those in other
:15:09. > :15:12.regions of England and Wales. I think the point he makes is one I
:15:13. > :15:17.know that a number of honourable numbers have made this morning and I
:15:18. > :15:21.have indicated there is recognition within the immigration rules that I
:15:22. > :15:24.think do recognise that. Some have said, should there be separate
:15:25. > :15:29.salary threshold is the different parts of the United Kingdom? I would
:15:30. > :15:31.say, be careful what you wish for because on the median level
:15:32. > :15:37.salaries, that might lead to an increase in the salary threshold for
:15:38. > :15:41.Scotland, contrasting to where the national salary limits sit at the
:15:42. > :15:44.present time. I have been very clear on the fact we have listened
:15:45. > :15:51.carefully in relation to the specific case and certainly, I will
:15:52. > :15:53.continue to do so. The Home Affairs Select Committee, the Business
:15:54. > :15:58.Select Committee and other members of this House have warned the
:15:59. > :16:03.Government the post study work walls just don't work. They result in the
:16:04. > :16:07.kind of mess we have this morning. He talks about abuse but the only
:16:08. > :16:15.evidence that has been given by a previous immigration in Minister,
:16:16. > :16:19.was one found at the checkout in Tesco who was working instead of
:16:20. > :16:25.being a student. If there is abuse, deal with it but don't let it affect
:16:26. > :16:28.genuine people who want to come to this country. The Minister says he
:16:29. > :16:32.has exercised his discretion twice. I am glad he has discovered
:16:33. > :16:38.discretion which is something he has not used in the past on a large
:16:39. > :16:42.number of cases, especially mine! I say to him, he should exercise it
:16:43. > :16:50.once more and allow this family to stay. He highlights the issue of
:16:51. > :16:56.abuse we saw under the previous student arrangements and I would
:16:57. > :16:58.point to the fact that now, 920 responses under the previous student
:16:59. > :17:03.arrangements have had their sponsorship withdrawn as part of the
:17:04. > :17:08.reforms that I think have ensured that we do have a quality that we
:17:09. > :17:12.want. We do want to attract skilled and talented people to come and
:17:13. > :17:16.study at our universities and I would highlight the fact that the
:17:17. > :17:19.Russell group universities have seen a 7% increase in the number of
:17:20. > :17:24.international students coming to study at their institutions. I think
:17:25. > :17:27.I have underlined this morning that I have considered this case
:17:28. > :17:32.carefully and discretion I have exercised, and I will continue to
:17:33. > :17:36.listen to the representations made and I will always consider them,
:17:37. > :17:42.made by all honourable members across this House. It is important
:17:43. > :17:47.discretion is exercised exceptionally otherwise we undermine
:17:48. > :17:51.the rules themselves. We silly I have had a substantial increase in
:17:52. > :17:56.the number of people telling me immigration lawyers would take their
:17:57. > :18:02.case. It appears to be a result of change in procedure meaning little
:18:03. > :18:07.chance of success. Why won't the Government take the opportunity
:18:08. > :18:10.afforded by the family to reassess its immigration rules and procedures
:18:11. > :18:14.and introduced that moment of compassion as well as helping those
:18:15. > :18:19.who benefit our economy to stay in the UK. We always keep our
:18:20. > :18:24.immigration rules under review and as I have again indicated this
:18:25. > :18:30.morning, we are always prepared to look at cases that may be brought to
:18:31. > :18:33.us and examine them to make sure they are assessed properly. It is
:18:34. > :18:37.important we have clarity within those rules because if you seek to
:18:38. > :18:44.exercise discretion all the time, then it starts to undermine the very
:18:45. > :18:48.rules you are seeking to uphold. A week before the Scottish referendum,
:18:49. > :18:56.the PM said if Scotland wanted to stay in the UK,... All possible.
:18:57. > :19:01.The Scottish Parliament wants to keep just one family in a Highlands
:19:02. > :19:07.and it seems nothing at all is possible.
:19:08. > :19:14.Can I ask you one question, have you identified a school in Australia
:19:15. > :19:19.where the little boy can continue his education? We continue to
:19:20. > :19:26.discuss with the Scottish Government on matters relating to the
:19:27. > :19:34.possibility of examining these issues on reform to international
:19:35. > :19:41.higher education students. I think the UK does have an excellent record
:19:42. > :19:52.in post study offer available to graduates students. I will continue
:19:53. > :20:00.to listen to the representations made connection to this case.
:20:01. > :20:03.Instead of spending time and resources on the deportation of this
:20:04. > :20:09.family, should the Home Office not get its actions right and ensure
:20:10. > :20:12.dangerous criminals are deported after their first offence rather
:20:13. > :20:17.than waiting for them to offend again? This Government does take the
:20:18. > :20:21.removal of foreign national offenders and those who oppose a
:20:22. > :20:26.threat to this country very seriously. The honourable gentleman
:20:27. > :20:33.will see from our figures released today that the numbers are at about
:20:34. > :20:37.a five year high. We continue to work across governments to achieve
:20:38. > :20:46.more and I will reflect on the specific case he has referred to. I
:20:47. > :20:51.congratulate my honourable friend on his urgent question and indeed the
:20:52. > :20:54.workers for Gordon and Murray and our colleagues in the Scottish
:20:55. > :20:59.Parliament for the attention they are giving to this case. The
:21:00. > :21:04.Minister has made clear this is a direct result of changes in those,
:21:05. > :21:09.while people are in the country, that this family find themselves in
:21:10. > :21:12.this position. It is a continuing lack of attention and understanding
:21:13. > :21:20.that this Government has immigration. It is time for this
:21:21. > :21:26.ministers to stand up and do the right thing and show that project
:21:27. > :21:32.fear will not be allowed to win the day. This Government does recognise
:21:33. > :21:36.the contribution that skilled and talented people from outside of this
:21:37. > :21:39.country can make to our economy and I have already been very explicit in
:21:40. > :21:46.the way in which our immigration rules are designed to achieve that.
:21:47. > :21:55.I do say that we did announce the closure of the post study work
:21:56. > :21:58.groups in 2011, before the family arrived but I will continue to
:21:59. > :22:01.reflect on further representations made and consider those carefully
:22:02. > :22:11.and indeed any further application the family may wish to make. Isn't
:22:12. > :22:15.this case confirming UK immigration policy doesn't work for Scotland?
:22:16. > :22:21.Scotland needs families like this, to come and live and work in
:22:22. > :22:25.Scotland. Different population demographic challenges and we do not
:22:26. > :22:30.share this Conservative Government's obsession with immigration figures.
:22:31. > :22:35.Can he start a conversation with a about an immigration policy
:22:36. > :22:44.throughout the UK so we can... Inaudible ... We have an immigration
:22:45. > :22:48.policy that we continue to reform to make sure it acts in the best
:22:49. > :22:52.interest of this country. I don't accept the characterisation that he
:22:53. > :22:56.gives. We will continue to remain open to discussions with the
:22:57. > :22:58.Scottish comment about a range of issues but we are clear on
:22:59. > :23:02.attracting skilled and talented people and there are ways in which
:23:03. > :23:05.people can move from education into work and it is important to have
:23:06. > :23:13.that separation to avoid the abuse we saw in the past.
:23:14. > :23:21.No Conservative supporters of his on the benches opposite are supporting
:23:22. > :23:25.in anyway the decision which has been made by the Home Office. Would
:23:26. > :23:33.it not be appropriate to understand the strength of feeling which has
:23:34. > :23:36.been expressed on this side throughout the exchanges? It is
:23:37. > :23:39.always important to recognise when the House of Commons feels very
:23:40. > :23:45.angry and upset over the decision and I hope the Minister will bear
:23:46. > :23:50.that in mind. The only decision that is outstanding from the Home Office
:23:51. > :23:55.at this stage is the extension of time that we have given to the
:23:56. > :23:58.family on two occasions to make a further application. To put that
:23:59. > :24:04.application in on the basis of employment within Scotland or the
:24:05. > :24:06.rest of the UK. I will of course continue to reflect on
:24:07. > :24:11.representations made but that is precisely what I will be doing with
:24:12. > :24:17.the meeting later today. This Government has gone back on its
:24:18. > :24:21.word. We hear a lot from this Government about their thoughts on
:24:22. > :24:26.one nation so can I ask the Minister, which nation does he think
:24:27. > :24:30.is benefiting from this obtuse and retrospective immigration
:24:31. > :24:33.arrangement? I reminded the honourable lady as to when the
:24:34. > :24:39.decision was announced to close the post study work route which was in
:24:40. > :24:46.March 2011 and when the family arrived. They have had many years to
:24:47. > :24:49.know what the situation is and I wish them obviously success and I
:24:50. > :24:56.will continue to reflect on representations.
:24:57. > :25:03.The headshaking from the front bench, two people in the front
:25:04. > :25:08.bench... Demonstrates the Government's attitude. In case of
:25:09. > :25:15.immigration policy for the UK as a whole, is it not time to devise a
:25:16. > :25:21.threshold, 35,000, that needs to be reviewed as well. No, that is a roar
:25:22. > :25:26.that has been clearly set to show progression and therefore benefit to
:25:27. > :25:29.the UK economy, whether in Scotland or elsewhere. We have provided
:25:30. > :25:33.certain exemptions for that in relation to certain sectors that I
:25:34. > :25:46.think it is a brawl that benefits the UK. -- is together rule that
:25:47. > :25:50.benefits the UK. This family are desperate to contribute to the
:25:51. > :25:56.Highlands. The Highlands are desperate to keep them. What gives
:25:57. > :26:00.any one the moral right to make a decision on the Highlands that
:26:01. > :26:03.nobody in the Highlands wants? The family ultimately need to find
:26:04. > :26:09.employment at the appropriate level and I think that is why I have made
:26:10. > :26:13.the points I have about the Scottish Government and the work it does to
:26:14. > :26:18.see there is a strong economy that is creating jobs and that creates an
:26:19. > :26:26.environment for people to stay and work in Scotland and that is the
:26:27. > :26:29.important part of this. As an MP for a rural constituency, experiencing
:26:30. > :26:34.depopulation, I am dismayed at this Government is preparing to throw out
:26:35. > :26:37.Scotland, a family that has moved into the Highlands and are
:26:38. > :26:41.contributing positively to their community. Why is this Government
:26:42. > :26:47.determined to make a depopulation problem worse by sticking to this
:26:48. > :26:52.unfair and unjust action. The rules are clearly out of date and
:26:53. > :27:00.outmoded. The immediate prospect of the family being removed is not
:27:01. > :27:03.there. We are open to any further application they wish to make and I
:27:04. > :27:05.stress this point on the ability of the Scottish Government to create
:27:06. > :27:20.jobs for people to stay. Point of order. As you know we had
:27:21. > :27:26.the first ever topical questions session in the women are qualities
:27:27. > :27:30.oral questions this morning. I want to say thanks to the Leader of the
:27:31. > :27:36.House and the Minister for women and equality is for the support. We had
:27:37. > :27:37.a few teething problems with the new arrangements which meant I wasn't