Why is there a row about an MSP's immigration status?

Q Manivannan was elected on the Edinburgh and Lothians East list

Who should be allowed to stand for election to the Scottish Parliament?

That is the question at the centre of a debate sparked by the ballot box success of a Green candidate.

Q Manivannan, originally from India, is on a student visa which is due to expire at the end of the year. That did not prevent the political novice from being elected on the Edinburgh and Lothians East regional list.

Opponents believe Manivannan should not have been selected in the first place - while the Greens have accused critics of "disgusting" attacks on their new parliamentarian.

Manivannan moved to Scotland in 2021 to study for a PhD in international relations at the University of St Andrews.

The politician uses they/them pronouns and along with Glasgow's Iris Duane will be Holyrood's first trans parliamentarians.

Manivannan, who also identifies as non-binary, has worked as, external a community organiser, adviser and teacher with the United Nations, trade unions and human rights groups.

The Green is currently on a student visa but they have applied for graduate visa, which would allow them to stay in the UK for up to three years.

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Manivannan has also applied for a global talent visa, which would allow them to stay in the UK for up to five years - covering the duration of the new Scottish Parliament term.

Rachel Turner, an immigration caseworker for the Immigration Advice Service in Aberdeen, told BBC Scotland News it was "fairly common" for students to progress to a graduate visa once they had completed their course. She said it usually took about eight weeks to get a response from the Home Office once an application had been submitted.

In the year ending March 2024, more than 99% of graduate applications were successful, external, according to Universities UK.

Global talent visas - which the Home Office offers to senior workers in the science, digital technology, and arts and culture sector - are much more difficult to attain, Turner said.

What are the rules for MSPs?

Until recently, foreign nationals were only eligible to stand for election to Holyrood if they had indefinite leave to remain - an immigration status allowing them to live and work in the UK in perpetuity.

In 2024, the Scottish Parliament unanimously voted to extend election candidacy rights to non-UK citizens with limited leave to remain - which grants them permission to stay in the UK for a time-limited period.

That rule change allowed Manivannan to stand for election to the Scottish Parliament.

Scottish Green co-leader Ross Greer has accused opponents of "nasty" attacks on Manivannan

Those on student visas can only work for a maximum of 20 hours per week while completing their course.

That does not affect Manivannan since they have finished their course. Even if they had not, the rules would not apply to the work of an MSP under the Home Office's immigration laws.

Concerns had also been raised about Manivannan's ability to hire staff - who help MSPs carry out parliamentary and constituency business. But Turner said this would be not be a problem for Manivannan under the current visa arrangement.

What happens if an MSP loses their right to stay in the UK?

It has been claimed that if Manivannan lost their right to remain in the UK they could serve out the parliamentary term from overseas.

However, the Scotland Act states that an MSP must have leave to remain to hold office at Holyrood.

Therefore, if Manivannan did not secure a new visa they would be disqualified from parliament.

As a regional MSP, they would be replaced by the Greens' next candidate on the Edinburgh and Lothians East list.

Following questions about their immigration status, Manivannan said in a statement: "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."

They 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."

What do politicians think?

Former SNP Westminster leader Ian Blackford has accused the Greens of "treating the electorate with contempt" by selecting a candidate on a temporary visa.