The Home Office has been threatened by deportation from the UK as it says it spent days doing research that required access to historic Indian archives stored in India.
Historian Manikarnika Dutta, 37, studied archives in Indian cities and conducted research as part of his academic commitment to Oxford University, attending a series of international conferences.
According to Home Office rules, those who apply for indefinite leave to stay in the UK based on a long residence of more than 10 years can be abroad for up to 548 days in the 10 years prior to applying for indefinite leave. Dutta was apart for 691 days. Other scholars have experienced the same problem in their home offices regarding their time spent abroad.
In addition to refusing to continue living in the UK based on days abroad, the Home Office has rejected the right to stay in the country on the basis that she and her husband have been married for over a decade and live together in South London, but have not had a family life in the UK.
Dutta is currently an assistant professor at the University of Dublin, the Faculty of History. She previously conducted research at Oxford and Bristol University. She lives in Welling with her husband, Dr. Souvik Naha, a senior lecturer in imperial and colonial history at the University of Glasgow.
“When I received the email saying I had to leave, I was shocked,” Dutta told the observer. “I’ve been employed at various universities in the UK and have lived here for 12 years. Since I came to Oxford to master, I’ve lived in the UK for a large part of my adult life. I never thought this would happen to me.”
Dutta first came to the UK on a student visa in September 2012, and later obtained a spouse visa as a dependency on her husband who obtained a visa on the “global talent” route. According to her attorney, Naga Kandiah, MTC’s lawyer, “These research trips were not options and were essential to fulfilling academic and institutional obligations. If she hadn’t done these trips, she would not have been able to complete the paper, meet the institution’s academic requirements, or maintain a visa attitude.”
Last October, she applied for an indefinite leave to stay in the UK based on her long residence. Her husband also applied. His application was granted and she was denied. She applied for a denial administrative review, but the Home Office maintained its decision to reject her application.
The review concluded: “You have to leave the UK now. If you don’t leave voluntarily, you will be subject to a 10-year re-entry ban and you could be charged for overstaying.”
Dutta has been supported by academic colleagues since receiving the rejection letter from his home office.
Naha said: It’s a psychological sacrifice. I have lectured on these issues from time to time and read articles about the people affected, but I didn’t expect it to happen to us. ”
Kandiah has launched a legal challenge against the Home Office’s decision to remove Dutta from the UK. The Home Office responded by saying it would reconsider the decision in the next three months. However, the home office may confirm the original decision after a three-month period, until then Dutta will be in Limbo.
Kandiah said: “My client case exemplifies how this situation seriously undermines the UK’s reputation and its ability to attract and maintain global academic talent, especially at a time when it is important to strengthen international relations.
“If the UK is trying to bring itself together as a global leader in academia and innovation, it must develop an environment where the best talent is welcomed.
“Without this approach, UK universities will continue to lose highly skilled doctoral researchers who have invested years of resources, expertise and funds.”
A spokesman for the Ministry of Home Affairs said, “It is long-standing government policy to not comment on individual cases on a daily basis.”
