Visa Rules vs. Research: Oxford Historian's Fight Against Deportation

A distinguished academic faces the threat of deportation from the UK after the Home Office ruled that she had spent too much time abroad conducting essential research in India.

Manikarnika Dutta, 37, a historian, carried out research as part of her academic responsibilities at the University of Oxford, which required her to examine historical archives in India and participate in international conferences.

According to Home Office regulations, applicants for indefinite leave to remain based on a decade-long residency must not exceed 548 days outside the UK within that period. However, Dutta had been away for 691 days. Similar cases have affected other academics facing restrictions on time spent abroad.

In addition to rejecting her application due to excessive absences, the Home Office also denied her right to remain in the UK on the grounds that she lacks a family life there—despite being married for over 10 years and living with her husband in south London.

Dutta is currently an assistant professor at University College Dublin's school of history and has previously conducted research at the universities of Oxford and Bristol. She resides in Welling with her husband, Dr. Souvik Naha, a senior lecturer in imperial and post-colonial history at the University of Glasgow.

“I was shocked when I received the email instructing me to leave,” Dutta told The Observer. “I have worked at various universities in the UK and lived here for 12 years. Since coming to Oxford for my master’s, a significant part of my adult life has been spent in the UK. I never imagined this could happen to me.”

Dutta first arrived in the UK in September 2012 on a student visa before switching to a spouse visa as a dependent of her husband, who secured a visa via the “global talent” route. Her lawyer, Naga Kandiah of MTC Solicitors, emphasized that her research trips were mandatory, not optional. “Had she not undertaken these trips, she would have been unable to complete her thesis, meet academic requirements, or maintain her visa status,” he stated.

She applied for indefinite leave to remain in October last year based on her long-term residence. While her husband's application was approved, hers was denied. Following an administrative review, the Home Office upheld its decision and instructed her to leave the UK. The official notice warned that failure to leave voluntarily could result in a 10-year re-entry ban and possible prosecution for overstaying.

Dutta has received strong support from academic colleagues since receiving the rejection.

Her husband, Dr. Naha, described the Home Office’s decision as “incredibly stressful” for both of them, adding that the ordeal has taken a psychological toll. “I lecture on these issues and have read about similar cases, but never thought it would happen to us,” he said.

Kandiah has initiated a legal challenge against the Home Office’s decision. In response, the department has agreed to reconsider its ruling within three months, although it may ultimately uphold the original decision, leaving Dutta in an uncertain situation.

“My client’s case highlights how such policies damage the UK’s reputation and hinder its ability to attract and retain top academic talent, especially at a time when strengthening international relationships is crucial,” Kandiah said.

He added that if the UK aims to be a global leader in academia and innovation, it must create a welcoming environment for exceptional scholars. Without such an approach, universities risk losing highly skilled researchers in whom they have invested years of resources, expertise, and funding.

A Home Office spokesperson stated: “It is longstanding government policy that we do not routinely comment on individual cases.”