An Australian family battling to stay in Scotland insisted last night they were not giving up – despite learning they must leave the UK “imminently”.
The Home Office confirmed no new visa application had been received on behalf of the Brains that would enable them to remain.
A spokeswoman highlighted the three extensions granted on an “exceptional basis” for job hunting.
But she stressed the process could not be “open-ended” and advised that the Highland-based family – whose grace period lapsed at midnight on Monday – would now have to take steps to depart voluntarily.
Gregg Brain said he was “disappointed, but not enormously surprised”.
He added: “It’s obviously something that we will be talking to our lawyer about.
“We may still be able to make an application even at this point… we are disappointed but we are not giving up.”
Highland MP Ian Blackford also vowed not to give up seeking a job for the family that complies with immigration requirements.
The couple, whose seven-year-old son Lachlan’s first language is Gaelic, came to Scotland as part of a government initiative in 2011 on Kathryn Brain’s student visa, granted in 2010.
She had intended to transfer to a two-year post-study work visa upon completion of her degree in Scottish history and archaeology.
But the scheme was scrapped in 2012, a decision announced the previous year, only months before the family’s arrival.
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.
Hope came earlier in the summer when Mrs Brain was offered a temporary post, but it was later withdrawn as she did not have a work permit and the job did not fulfil the necessary criteria.
A Home Office spokeswoman said: “We have given the family three extensions on an exceptional basis over a number of months to allow them to try to secure a job that would allow them to meet the immigration rules, but this cannot be open-ended.
“In line with established policy designed to apply evenly and fairly to everyone, anyone who is unable to regularise their stay is expected to leave the UK voluntarily.”
A government source explained there was no set deadline for doing so, but added the family should depart “imminently”.
The Home Office can assist with the cost of transport back to Australia and upon arriving the family will be able to make another Tier 2 application.
