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The eligibility criteria for standing in elections to the Scottish Parliament has come under renewed scrutiny following the election of Q Manivannan, a Green Party candidate from India currently holding a student visa. Despite the visa’s expiration scheduled for the end of the year, Manivannan secured a seat on the Edinburgh and Lothians East regional list, sparking debate about who should be allowed to serve as a Member of the Scottish Parliament (MSP). While some critics argue that Manivannan should not have been put forward as a candidate due to their immigration status, the Greens have denounced these criticisms as “disgusting” attacks on the newly elected representative.
Manivannan arrived in Scotland in 2021 to pursue a PhD in international relations at the University of St Andrews. Using they/them pronouns and identifying as non-binary, Manivannan marks a historic moment as one of Holyrood’s first trans parliamentarians alongside Glasgow’s Iris Duane. Their background includes work as a community organiser, adviser, and educator with organizations such as the United Nations, trade unions, and human rights groups. Currently holding a student visa, Manivannan has applied for a graduate visa that would permit a stay of up to three years in the UK, as well as a more challenging global talent visa, which extends residency eligibility up to five years — aligning with the length of the parliamentary term.
Changes to electoral rules in 2024 allowed non-UK citizens with limited leave to remain—permission granted for a finite period—to stand for election to Holyrood. Prior to this, only foreign nationals with indefinite leave to remain were eligible. This legislative amendment paved the way for Manivannan to run. Although students on visas typically face restrictions on working hours, these limits do not apply to elected MSPs, a point clarified by immigration caseworker Rachel Turner. Concerns also arose regarding Manivannan’s ability to employ staff to support parliamentary duties, but existing visa regulations do not impede this function.
The question of what happens if an MSP loses their leave to remain in the UK has also been raised. According to the Scotland Act, an MSP must maintain leave to remain
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