Home Secretary told to intervene on newly-elected MSP with student visa
The Scottish Green MSP is currently in Scotland on a student visa - the Scottish Conservatives say their election is a breach of their visa conditions.
The Home Secretary has been asked to intervene on whether or not Q Manivannan can sit as an MSP in Holyrood.
Dr Manivannan became the first transgender person to be elected to the Scottish Parliament after winning a list seat in the Edinburgh and Lothians East region last week.
However they are currently in Scotland on a student visa, which restricts their ability to work and employ staff.
They have said they will soon be on a new visa to allow them to stay for three more years, and they are applying for a different visa to allow them to serve out the full five-year parliamentary term.
The Scottish Conservatives have now written to Home Secretary Shabana Mahmood asking her to investigate whether they have breached the terms of their visa by standing for election.
Under the Scotland Act 1998, foreign nationals can stand for election to Holyrood as long as they are a UK resident and have leave to remain in the UK. This act was amended with the Scottish Elections (Representation and Reform) Act 2025, which has allowed Dr Manivannan to stand.
Stephen Kerr MSP said Dr Manivannan will have breached the conditions of a student visa during the election campaign, as this visa limits the amount a person can work to just 20 hours a week.
He 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.
“In fact, it’s almost certain that Q Manivannan has already breached that limit during the course of the election campaign.
“Immigration rules must be applied fairly and equally to all, and they certainly can’t be breached by a lawmaking MSP.”
He added: “This is a shambles entirely of the Scottish Greens’ making - and they owe an explanation to voters in Edinburgh.
“If they had done any due diligence or candidate vetting, they would have realised the pitfalls of this candidate standing.”
This comes after Dr Manivannan defended their election to the Scottish Parliament and explained how they plan to serve as an MSP.
In a statement, they said: “There has been a lot of attention on my recent election to the Scottish Parliament. Much of this has been invasive in regards to my immigration status, including misinformation.
“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 in politics, I am able to work full-time.
“I am in the process of transitioning to a graduate visa which will allow me to stay in the UK for a further three years.”
Currently there is uncertainty on whether or not they can hire staff such as researchers and case workers on their student visa.
They said they are also applying for a global talent visa - if this is granted, they will be allowed to stay in the UK for the entire five-year parliamentary term.
Dr Manivannan 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.
“Scotland is home, in every way.”
There has been a backlash to Manivannan’s appointment as an MSP while on a student visa, including from former SNP Westminster leader Ian Blackford, who said it “beggars belief”.
He said: “Quite frankly this should be an automatic vetting fail as a candidate on a student visa does not satisfy the ability to enter into full-time work.
“Selecting such a candidate undermines trust in politics and how on earth some can expect to be sworn in as an MSP without establishing the right to work is beyond me.
“The Greens are treating the electorate with contempt and given that Q Manivannan cannot satisfy the right-to-work requirements he should not be permitted to take his seat.
“The Greens ought to propose their next-placed candidate in their place.”
A spokesman for the Scottish Parliament said: “It is the responsibility of individual candidates and political parties to ensure that all relevant qualifications for standing for election are met.
“There is no role for the parliament in carrying out checks on candidates who are elected.”
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