An Indian historian, Dr Manikarnika Dutta, is under threat of deportation from the UK after the Home Office decided that she had spent more days abroad than permitted while carrying out research in India, according to The Guardian. Having lived in the UK for 12 years and worked at top institutions like the University of Oxford, her request for indefinite leave to remain (ILR) has been rejected.
Dutta's scholarly research needs access to Indian historical archives, which demands regular travel. Home Office policy dictates that ILR applicants are not allowed outside the UK for longer than 548 days in any 10 years; Dutta's tally was 691 days, The Guardian reports.
Legal analysts contend that her research visits were an integral component of her research and compliance with visa requirements.
These trips were not a choice but a necessity in meeting her institutional and academic duties. If she hadn't taken those trips, she would be unable to write up her thesis, fulfill her institutions' academic conditions, or continue to maintain visa status," declared her solicitor Naga Kandiah of MTC Solicitors.
What is indefinite leave to remain (ILR)?
ILR is a UK immigration status that enables a person to work, live, and study without any time limit. It is also called "settlement" and is a route to British citizenship.
For the applicant to be eligible for ILR, he or she must satisfy particular conditions of eligibility, including staying in the UK for a consecutive period under a visa category that extends to settlement, complying with absence rules, and passing the Life in the UK Test in addition to showing proficiency in the English language.
For researchers such as Dr. Manikarnika Dutta, time outside the UK can influence ILR eligibility. Though working overseas can be a necessary component of academic study, exceeding permissible absences means applications may be refused.
Dutta initially came to the UK in 2012 to study for a master's at Oxford, according to The Guardian. She then switched to a spouse visa as the dependent of her husband, Dr Souvik Naha, a senior lecturer at the University of Glasgow.
"I was stunned when I received an email informing me that I have to go," Dutta explained to The Observer. "I have been living here for 12 years. Most of my adult life has been spent in the UK since I arrived to study at Oxford. I never imagined something like this would befall me."
Her husband's ILR application, however, was successful. Legal fight erupts as Home Office refuses to budge Following her ILR being refused, Dutta applied for an administrative review, but this was also unchanged. The Home Office warned: "You must now leave the United Kingdom. If you don't leave voluntarily, you may be subject to a re-entry ban of 10 years and prosecuted for overstaying."
Kandiah has initiated a court action over the decision of the Home Office. The Home Office has subsequently promised to review its decision within three months.
This Home Office decision has been absolutely stressful for the both of us. It's had a psychological impact," explained Naha, Dutta's husband. "I give talks on these topics, and have read articles about victims, but never imagined it would happen to us.
