Manikarnika Dutta, a historian and researcher of University of Oxford, is facing the threat of deportation from the UK due to her extensive research trips to India. The Home Office has rejected her application for indefinite leave to remain, citing that she exceeded the permissible number of days abroad under the long residency rule.
Dutta, 37, conducted the research as part of her academic commitments to the University of Oxford, which involved studying archives in cities in India and attending international conferences.
In October last year she applied for indefinite leave to remain in the UK based on long residence. Manikarnika Dutta’s husband also applied. His application was granted, while hers was refused.
She applied for an administrative review of the refusal, but the Home Office maintained its decision to reject her application.
The review concluded: “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.”
Background and Career of Oxford Historian
Manikarnika Dutta, 37, has been a part of the UK academic community for over a decade. She first arrived in the UK in 2012 to pursue her master’s degree at the University of Oxford.
Dutta later conducted research at the universities of Oxford and Bristol. Currently, she is an assistant professor at University College Dublin, while her husband, Dr. Souvik Naha, is a senior lecturer at the University of Glasgow.
Home Office Decision on Manikarnika Dutta
The Home Office’s decision not only hinges on the number of days Dutta spent abroad but also questions her family life in the UK. Despite being married to her husband, Dr Souvik Naha, for over a decade and living together in south London, the Home Office claims she does not have a family life in Britain.
“I was shocked when I got an email saying I have to leave,” Dutta shared with The Observer. “I have been employed at different universities in the UK and I’ve lived here for 12 years. A large part of my adult life has been lived in the UK since I came to the University of Oxford to do my master’s. I never thought something like this would happen to me.” Dutta was quoted saying by The Observer.
What Are Indefinite Leave Criterion in UK?
According to Home Office rules, people who apply for indefinite leave to remain in the UK based on long residency of 10 years or more can be abroad for a maximum of 548 days during a 10-year period prior to applying for indefinite leave.
Manikarnika Dutta was away for 691 days, Guardian reported.
Oxford Historian’s Legal Challenges
Manikarnika Dutta’s lawyer, Naga Kandiah of MTC Solicitors, has launched a legal challenge against the Home Office’s decision. Kandiah emphasizes that Dutta’s research trips were essential for fulfilling her academic obligations. “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,” Kandiah explained.
The Home Office has agreed to reconsider its decision within the next three months, leaving Manikarnika Dutta in a state of limbo.
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