The UK Home Office has threatened to deport a highly qualified Indian historian from the University of Oxford because she spent too much time in her home country researching archives, The Guardian reported.
Manikarnika Dutta, 37, is an Oxford University historian whose research includes investigating archives in Indian cities and participating in overseas trips as part of her academic work. She moved to the UK in 2012 on a student visa for a master’s degree at the University of Oxford. She later obtained a spouse visa as a dependent of her husband.
In addition to denying her the right to stay in the UK based on the number of days she spent overseas, the Home Office denied her the right to stay in the UK because she does not have a family life in Britain. This was despite her and her spouse being married for over ten years and residing in south London.
The review states, “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.”
Ms Dutta and her husband, Souvik Naha, applied for an indefinite leave to remain (ILR) in the UK in October last year on the grounds of staying in the country for a longer period. The UK Home Office approved her husband’s application but rejected Ms Dutta’s.
The reason for rejection was that she didn’t meet certain requirements. People who apply for ILR, a permanent stay in the UK without needing a visa, should have lived in the UK for a specific number of years.
The UK immigration rules also state that a person cannot be outside the country for more than 548 days in over 10 years. However, Ms Dutta was away for 691 days, 143 days more than the limit.
Ms Dutta, who is now an assistant professor at University College Dublin, said she was shocked when she got an email threatening her to leave.
She said, “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.”
Mr Naha, a senior lecturer at the University of Glasgow, said, “This decision from the Home Office has been terribly stressful for both of us. It has taken a psychological toll. I sometimes give lectures about these issues and have read articles about people affected, but never thought it would happen to us.”
Her lawyer, Naga Kandiah, at MTC Solicitors, said, “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.”
A legal appeal has been filed against the Home Office’s decision to deport Dutta from the UK. The Home Office responded, saying it would reevaluate its choice within three months. However, there is no guarantee that they will change their decision.