A Green MSP is at risk of being unable to serve a full term at Holyrood because it will damage a bid for a permanent visa, the Mail can reveal.
Q Manivannan is only able to work as an MSP because of a current right to live and work in the UK through a student visa which is due to expire later this year.
The politician is hoping to move onto a graduate visa which will secure another three years in the UK, while also applying for a global talent visa to allow a permanent stay.
But the Mail can reveal that the former PhD student’s prospects of securing a global talent visa by working as an MSP are in doubt because it is not considered to be relevant experience.
The MSP, who is transgender, belongs to a party which opposes second jobs for MSPs, meaning securing additional paid work which provides the relevant working experience required will be impossible.
Guidance from the Home Office states: ‘Applicants cannot qualify under the Global Talent visa on the basis that they are an MSP. The Global Talent route is for talented and promising individuals in the fields of science, digital technology, and arts and culture. Successful applicants are leaders, or have the potential to be leaders, in their field, as determined by an endorsing body.’
The guidance also makes clear that any individual applying for a global talent visa must obtain relevant working experience first.
Q Manivannan MSP outside the Scottish Parliament after being elected last week
It says: ‘Most Global Talent decisions require a full assessment of an applicant’s skills and experience, rather than relying on binary criteria, and it is impossible to indicate whether an individual may qualify for the visa before an application has been submitted.’
It means that, in order to have any global talent visa application accepted, Manivannan would need to take on additional relevant work alongside the MSP job.
But the Scottish Greens oppose MSPs taking on second jobs. A spokesman for the party said: ‘Being an MSP is a full-time job.’
Tory MP Andrew Bowie, the Shadow Scottish Secretary, said: ‘Q Manivannan and I will, I’m sure, disagree on many things but this is not about politics.
‘Regardless of party, it should surely be a pre-requisite that to legislate and vote on the laws of a country you should be a permanent resident of that country.’
Normally, a student visa includes a series of restrictions such as only being able to work part-time during term-time for a maximum of 20 hours a week, and not being able to fill a permanent vacancy.
However, the Home Office has confirmed that elected posts in local or devolved government are not considered to be employment for the purposes of the immigration rules and that restrictions on employment do not affect their ability to carry out these roles.
The Tamil immigrant, who uses the pronouns they/them, claims to be able to work full time after passing a PhD and is applying for a global talent visa ‘which will allow me to stay in the UK for my parliamentary term and beyond’.
The MSP refused to answer any questions from journalists about the immigration issue after taking part in a Scottish Greens photocall for the party’s new MSPs on Tuesday.
The Scottish Tories urged the Home Office to launch a probe into whether any of the terms of the student visa have already been breached by the new MSP.
Tory MSP Stephen Kerr 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.
‘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.’