Who should be allowed to stand for election to the Scottish Parliament?
This question lies at the heart of a controversy following the election of a Green Party candidate.
Q Manivannan, originally from India, holds a student visa set to expire at the end of the year. Despite this, the political newcomer was elected via the Edinburgh and Lothians East regional list.
Critics argue that Manivannan should not have been selected as a candidate, while the Greens have condemned such criticisms as "disgusting" attacks on their newly elected parliamentarian.
Who is Q Manivannan?
Manivannan relocated to Scotland in 2021 to pursue a PhD in international relations at the University of St Andrews.
The politician uses they/them pronouns and, alongside Glasgow's Iris Duane, will be among Holyrood's first transgender parliamentarians.
Manivannan has experience as a community organiser, adviser, and teacher with the United Nations, trade unions, and human rights organisations.
Currently on a student visa, Manivannan has applied for a graduate visa, which permits staying in the UK for up to three years.
Additionally, they have applied for a global talent visa, allowing residence in the UK for up to five years, covering the full term of the Scottish Parliament.
Rachel Turner, an immigration case worker in Aberdeen, told BBC Scotland News that it is "fairly common" for students to transition to a graduate visa after completing their studies. She noted that the Home Office typically responds within about eight weeks of application submission.
According to Universities UK, more than 99% of graduate visa applications were successful in the year ending March 2024.
Turner explained that global talent visas, offered by the Home Office to senior professionals in science, digital technology, and arts and culture, are considerably more difficult to obtain.
What are the rules for MSPs?
Previously, foreign nationals could only stand for election to Holyrood if they had indefinite leave to remain, granting permanent residence and work rights in the UK.
In 2024, the Scottish Parliament unanimously voted to extend candidacy rights to non-UK citizens with limited leave to remain, which allows temporary residence in the UK.
This legislative change enabled Manivannan to stand for election.
While student visa holders are restricted to working a maximum of 20 hours per week during their studies, this limitation does not apply to Manivannan, who has completed their course. Furthermore, Home Office immigration laws exempt MSP duties from these work restrictions.
Concerns were raised about Manivannan's ability to employ staff to assist with parliamentary and constituency work; however, Turner confirmed this would not pose an issue under the current visa conditions.
It remains unclear what would happen to an MSP's status at Holyrood if they lost their right to remain in the UK.
In response to questions about their immigration status, Manivannan stated:
"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 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."
What do politicians think?
Ian Blackford, former SNP Westminster leader, accused the Greens of "treating the electorate with contempt" by selecting a candidate on a temporary visa.
Blackford, now a member of the Ethics and Integrity Commission which upholds standards in UK public life, told The Times that "selecting such a candidate undermines trust in politics."
Thomas Kerr, deputy leader of Reform UK Scotland, described the Greens' selection of Manivannan as "madness" and called for the party to withdraw the candidacy.
He said:
"I think it's ridiculous that voters are asked to put in a representative to the national parliament when we don't know if they are going to be able to do the job for the next five years."
The Scottish Conservatives have requested a Home Office investigation into whether Manivannan breached visa conditions.
Stephen Kerr, a Tory MSP who supported the recent change to eligibility criteria, accused the Greens of "showing immense disrespect to the Scottish electorate" by selecting Manivannan.
Kerr told the BBC he acknowledged that he and other MSPs may not have fully considered the implications of the legislation but expressed particular concern because Manivannan was elected while holding a visa due to expire by year-end.
He added that Manivannan could not guarantee voters they would serve the full five-year term.
Green co-leader Ross Greer condemned the attacks as "nasty and unseemly." 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."
Greer acknowledged that some arrangements might need to be "slightly different" for Manivannan but emphasised their commitment to being "laser-focused" on serving constituents.
SNP MSP Emma Roddick responded to Blackford's remarks, stating:
"We can't go booting out someone who was just democratically elected, in line with the rules.
Suggest a change to the rules, fine. This is targeting one person who seems to have done nothing wrong."
Were concerns raised before now?
The eligibility rule change was introduced as part of the Scottish Elections (Representation and Reform) Bill, passed unanimously in December 2024.
While expanding candidacy rights to foreign nationals with limited leave to remain was a key provision, debates and media attention primarily focused on an amendment banning MSPs from holding a Westminster seat.
The Law Society of Scotland expressed concerns about the proposal, noting that the most common duration of limited leave to remain granted in the UK is two and a half years, whereas Holyrood elections occur every five years.
The society warned of potentially costly by-elections if MSPs lost their seats after being refused leave to remain.
They stated:
"We are concerned that the expense, administration requirements and uncertainty created for constituents could be overwhelming."
By-elections are triggered only if a constituency MSP loses their seat; regional MSPs are replaced by the next candidate on the list.
The Law Society's concerns were cited by Conservative MSP Annie Wells during the bill's final debate, although she and her party voted in favour.
The only other references to the provision during the debate came from Liberal Democrat leader Alex Cole-Hamilton, who strongly supported the change, and government minister Jamie Hepburn.
Hepburn stated it was "perfectly possible" for people with limited leave to remain to stand for election, adding that it is for the electorate to decide whether such a person "can represent them adequately."
