The Home Office is being urged to investigate a new Green MSP after they were accused of breaking immigration rules.
Q Manivannan, originally from India, was elected to the Scottish Parliament last week after winning a seat on the Edinburgh and Lothians East regional list.
The politician, who has described themselves as a “queer Tamil immigrant”, is non-binary and uses they/them pronouns.
They are currently in Scotland on a student visa. On Friday, Manivannan announced they would apply for a graduate visa to work in the UK longer, as well as a global talent visa to remain in the UK for the duration of their parliamentary career.
Recent rule changes to the eligibility to become an MSP meant Manivannan could stand in the election.
The Scottish Conservatives have accused the Green of breaching the terms of their visa, saying the guidance was “clear that holders of student visas are only permitted to work for a maximum of 20 hours per week, whether voluntary or paid”.
Stephen Kerr, one of the party’s 12 MSPs, has written to Home Secretary Shabana Mahmood, urging her to probe the alleged rule breach.
However, standing for or filling an elected role in local or devolved governments and legislatures does not count as employment for the purposes of immigration rules, nor do the hours worked in these roles count towards the 20-week limit.
🚨 NEW: Green MSP Q Manivannan may have already breached the terms of their student visa.
— Scottish Conservatives (@ScotTories) May 12, 2026
Immigration rules must apply equally to everyone, including politicians. The Home Office must urgently investigate.
Read our letter to the Home Secretary ⬇️ pic.twitter.com/UZ4Z4LYOrW
Mr 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.
“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.”
Mr Kerr said it was “almost certain” Manivannan had already breached the limit during the course of the election campaign.
He said immigration rules “must be applied fairly and equally to all”, adding that “they certainly can’t be breached by a lawmaking MSP”.
“This is a shambles entirely of the Scottish Greens’ making – and they owe an explanation to voters in Edinburgh,” he went on.
“If they had done any due diligence or candidate vetting, they would have realised the pitfalls of this candidate standing.”
In a statement on Monday evening, Manivannan said every MSP from every party at Holyrood unanimously voted to allow everyone with the right to live in the UK to stand in elections, “including new Scots on visas like me”.
They added: “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, I am able to work full-time.”
Manivannan said they were in the process of transitioning to a graduate visa to extend their stay another three years, while they had also applied for a global talent visa, “recognising my contributions to the country, which will allow me to stay in the UK for the entire of my parliamentary term and beyond”.
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.
“I am also proud to have been awarded and recognised for my local work in arts and culture, academia, and human rights in Scotland — serving our people during my time here. Scotland is home, in every way.
“The Scottish Greens want to build a fair and humane system that treats people with dignity and respect rather than the current Home Office system that is costly, difficult, and often dehumanising. With my election, I seek to represent that goal.”
Manivannan was one of two transgender MSPs elected to Parliament, with the other being fellow Green Iris Duane in Glasgow.
The Scottish Green Party has been approached for comment.
