UK threatens to deport Indian historian at Oxford for ‘spending too many days’ in India

Legal experts argue that her research trips were a fundamental part of her work and visa compliance.

“These research trips were not optional but essential to fulfilling her academic and institutional obligations. Had she not undertaken these trips, she would not have been able to complete her thesis, meet the academic requirements of her institutions, or maintain her visa status,” said her lawyer Naga Kandiah of MTC Solicitors.

What is indefinite leave to remain (ILR)?

ILR is an immigration status in the UK that allows individuals to live, work, and study without time restrictions. It is also referred to as “settlement” and serves as a pathway to British citizenship.

To qualify for ILR, applicants must meet specific eligibility criteria, such as residing in the UK for a continuous period under a visa category that leads to settlement, adhering to absence limits, and passing the Life in the UK Test along with demonstrating English language proficiency.

In the case of researchers like Dr. Manikarnika Dutta, ILR eligibility can be affected by time spent outside the UK. While conducting research abroad may be integral to academic work, exceeding absence limits can lead to application denial.

Dutta’s career rooted in the UK

Dutta first arrived in the UK in 2012 to pursue a master’s degree at Oxford, as per The Guardian. She later switched to a spouse visa as a dependent of her husband, Dr Souvik Naha, a senior lecturer at the University of Glasgow.

“I was shocked when I got an email saying I have to leave,” Dutta told The Observer. “I have lived here for 12 years. A large part of my adult life has been in the UK since I came to study at Oxford. I never thought something like this would happen to me.”

In contrast, her husband’s ILR application was approved.

Legal battle ensues as Home Office stands firm

After her ILR was denied, Dutta sought an administrative review, but the decision remained 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 launched a legal challenge against the Home Office’s ruling. In response, the Home Office has agreed to reassess its decision within three months.

“This decision from the Home Office has been terribly stressful for both of us. It has taken a psychological toll,” said Naha, Dutta’s husband. “I sometimes give lectures about these issues, and have read articles about people affected, but never thought it would happen to us.”

(With inputs from The Guardian)

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