Green MSP may be unable to serve full term due to visa

Dr Manivannan has applied for both a graduate visa, which would allow them to remain in the UK until 2029, and a global talent visa, which would cover the full parliamentary term to 2031.

While a graduate visa application should be straightforward, there are doubts about whether Dr Manivannan will be able to secure the global talent visa.

According to Home Office guidance, the global talent route is reserved for talented and promising individuals in the fields of science, digital technology, and arts and culture.

Successful applicants are required to either be leaders, or have the potential to be leaders, in their field, as determined by an endorsing body.

The Migration Observatory at the University of Oxford said it appeared “unlikely” that Dr Manivannan would qualify.

A spokesman said: “In the research routes, you have to have a PhD or equivalent and an active research career, and in arts and culture you have to be producing cultural content, which [Dr Manivannan] isn’t.”

The row stems from a change in the law passed unanimously by the Scottish Parliament in December 2024.

The Scottish Elections (Representation and Reform) Bill extended eligibility to stand for election to those with limited leave to remain in the UK, not just those with indefinite leave to remain.

When the change in law was going through Parliament, Alistair Clark, professor of political science at Newcastle University, warned that there was no “compelling reason” to extend the right to stand in elections to those on temporary visas.

Speaking to The Times yesterday, he said there would be nothing to stop Dr Manivannan from seeing out their term from outwith Scotland if they lost their right to remain in the UK.

Prof Clark said: “There is no attendance requirement for the Scottish Parliament. This was a question which was explored in depth with the recall bill, but they didn’t go ahead with it.

“Hypothetically, there is nothing to stop an MSP being elected, then not attending. Where they are in the world, well, who knows? I think voters would be somewhat dismayed to find someone they had elected would find themselves in such a circumstance.

“There is a danger that the reputation of Parliament takes a hit because of this situation. Voters will be surprised to find someone who has just been elected has such an unsure status and is by no means assured to serve their term. It’s a situation that could, and should, have been avoided.”

Usually, someone in Scotland on a student visa can only work for a maximum of 20 hours per week while completing their course.

However, that rule does not apply to the work of an MSP under the Home Office's immigration laws.

There are also questions over Dr Manivannan's ability to hire staff to help with parliamentary and constituency business.

Following questions about their immigration status, Dr Manivannan said in a statement: "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."

They added: "I am proud of my heritage and who I am. I am also proud to be a voice for all my constituents, including migrants and people on visas who are often shut out of our national debate."

Tory MSP Stephen Kerr — who voted for the change in law — said the Greens had "shown immense disrespect to the Scottish electorate" by selecting Manivannan.

He told the BBC that he "took on board" arguments that he and other MSPs had not properly considered the implications of the legislation they passed in the last Parliament.

He said there were particular concerns about Dr Manivannan because the Green was elected while on a visa that is due to expire by the end of the year.

Green co-leader Ross Greer accused opponents of "nasty and unseemly" attacks.

He told BBC Scotland News: "It is disgusting to see the Tories and Reform to be attacking a legitimately elected MSP who just wants to get on with the job."