Scottish Green MSP Elected on Student Visa Did Not Breach Immigration Rules

Q Mannivannan, who describes themself as a queer Tamil immigrant, was elected as a Scottish Green MSP for the Edinburgh and Lothians East list last week. The non-binary PhD student had been in the UK on a student visa since arriving at St Andrew's University in 2021.

That visa permitted work of up to 20 hours per week during term time. Officials have confirmed that Mannivannan did not break immigration rules by standing for and winning the seat. The Scottish Government had previously relaxed legislation to allow non-UK citizens to represent Britons in devolved elections.

Under changes introduced in October 2022, filling or standing for elected office in devolved government is not classified as employment. The Scottish Tories asked the Home Secretary to investigate whether the appointment breached visa terms, as student visa holders are barred from taking permanent jobs.

Officials dismissed the concerns, citing the loophole in immigration rules. The recent amendment means Mannivannan is not in breach of legislation and is allowed to fulfil the role until their student visa expires at the end of the year. Mannivannan has appealed for donations to raise money for a graduate visa.

That visa would grant three years to live and work in the UK before applying for another visa. It remains unclear whether they will be able to continue in the post after the student visa expires without securing the new visa.

The rule change was initially introduced to address situations involving EU migrants with settled status who had been barred from standing for office. The adjustment did not change who could stand as a candidate but clarified that holding elected office should not be considered a form of employment.

Last year the SNP changed Scottish electoral rules, allowing migrants with limited leave to remain to stand for office. The combination of the two sets of changes created the current situation. A spokesperson said it was not possible to determine a candidate’s eligibility before they had applied for any subsequent visa.

Being an MSP alone does not qualify someone for a Global Talent Visa, which the Home Office reserves for individuals in science, technology, arts and culture. Mannivannan is set to receive an annual salary of £77,711. Reform UK’s Scottish leader Malcolm Offord has pledged to scrap the new rule, describing the current situation as a mess.