MSP’s Immigration Status Highlights Importance of Visa Compliance

Recent Changes Allow Student Visa Holding MSPs

Last week, Dr Q Manivannan was elected as an Edinburgh and Lothians East regional MSP and is currently a student visa holder. Originally from India, their permission to remain in the country is set to expire before their five-year term in office does.

Prior to 2024, foreign nationals were only able to stand for election to the Scottish Parliament if they had indefinite leave to remain. However, this was changed to allow non-UK citizens with limited leave to stand for election – even if this permission expired before their elected term is set to finish.

“Possible Breach of Student Visa Conditions”

As well as concerns about how Dr Manivannan will compete his time in office, the Scottish Conservatives claim they are breaching the terms of their student visa which limits the number of hours holders can work.

Scottish Conservative MSP Stephen Kerr, said: “I’m calling on the Home Office to look into this case, because I can’t see how Q Manivannan can fulfil the duties of an MSP without breaching the strict terms under which a student visa is issued.

“Being an MSP is a demanding, full-time job that can’t possibly be carried out effectively by working less than 20 hours per week.”

If a student visa holder is found to have exceeded the total amount of hours of work permitted per week, then it could have long term consequences including:

• Visa curtailment
• Impact academic outcomes
• Future visa restrictions
• Possible prison or deportation

However, a statement from Dr Manivannan said: “Every MSP from every party represented in the Scottish Parliament unanimously voted to allow everyone with the right to live here to stand in elections, including new Scots on visas like me.

“I am a Commonwealth citizen and am currently on a student visa which will expire later this year. Having passed my grant-funded PhD and viva, I am able to work full-time.”

Options After Student Visa Ends

The newly-elected MSP added that are also currently switching to a graduate visa, which allows holders to stay in the UK for a further three years. Dr Manivannan has also applied for a global talent visa, which would cover the full term of their elected role.

If Dr Manivannan does not secure a new visa after the expiration of their student visa, then they would be unable to continue in the MSP role as all serving MSPs must be resident in the UK. However, the Green Party are confident the MSP’s application will be successful.

How Can IAS Help With Switching Visas

It is common for visa holders already in the UK to switch to another visa, especially if their current visa is close to expiring or there has been a change of circumstances.

If you are thinking of applying for new visa then IAS can help with document checking and provide step-by-step guidance in making a successful application to work, live or study in the UK.

For more details on requirements and availability of UK visas, our team of immigration lawyers can provide personalised support. Contact us at +44 (0)333 414 9244 or online to find out more.