Why is there a row about an MSP's immigration status?

Key developments are emerging from the global stage. Why is there a row about an MSP's immigration status? 4 hours ago Share Save Add as preferred on GoogleAngus CochraneSenior political journalist, ScotlandPA MediaQ Manivannan was elected on the Edinburgh and Lothians East list Who should be allowed to stand for election to the Scottish Parliament? That is the question at the centre of a debate sparked by the ballot box success of a Green candidate.

Q Manivannan, originally from India, is on a student visa which is due to expire at the end of the year. That did not prevent the political novice from being elected on the Edinburgh and Lothians East regional list. Opponents believe Manivannan should not have been selected in the first place - while the Greens have accused critics of "disgusting" attacks on their new parliamentarian.

The Details

Manivannan moved to Scotland in 2021 to study for a PhD in international relations at the University of St Andrews. The politician uses they/them pronouns and along with Glasgow's Iris Duane will be Holyrood's first trans parliamentarians. Manivannan, who also identifies as non-binary, has worked as a community organiser, adviser and teacher with the United Nations, trade unions and human rights groups.

The Green is currently on a student visa but they have applied for graduate visa, which would allow them to stay in the UK for up to three years. Scottish Greens confident that MSP will be able to renew visaGreens say fringe party cost them Holyrood seat by 'confusing' votersManivannan has also applied for a global talent visa, which would allow them to stay in the UK for up to five years - covering the duration of the new Scottish Parliament term. Rachel Turner, an immigration case worker in Aberdeen, told Scotland News it was "fairly common" for students to progress to a graduate visa once they had completed their course.

She said it usually took about eight weeks to get a response from the Home Office once an application had been submitted. In the year ending March 2024, more than 99% of graduate applications were successful, according to Universities UK. Global talent visas - which the Home Office offers to senior workers in the science, digital technology, and arts and culture sector - are much more difficult to attain, Turner said.

What Experts Say

What are the rules for MSPs? Until recently, foreign nationals were only eligible to stand for election to Holyrood if they had indefinite leave to remain - an immigration status allowing them to live and work in the UK in perpetuity. In 2024, the Scottish Parliament unanimously voted to extend election candidacy rights to non-UK citizens with limited leave to remain - which grants them permission to stay in the UK for a time-limited period.

That rule change allowed Manivannan to stand for election to the Scottish Parliament.

The development has drawn wide international attention, with diplomatic circles watching closely.