A historian from Oxford University, Manikarnika Dutta, faces deportation from the United Kingdom after the Home Office rejected her application for indefinite leave to remain (ILR). The decision was based on her exceeding the maximum number of days permitted outside the UK, despite her research requiring extensive travel to India.
According to UK Home Office rules, individuals applying for ILR based on long residency (10 years or more) cannot be abroad for more than 548 days within this period. However, Dutta, who had been living in the UK for 12 years, had spent 691 days abroad, mainly for academic research. As a historian specialising in Indian studies, her research trips to India were not optional but essential to fulfilling her academic and institutional obligations.
Dutta first arrived in the UK in 2012 on a student visa to pursue a master’s degree at the University of Oxford. She later obtained a spouse visa as a dependent of her husband, who holds a visa through the UK's "global talent" route. Despite her husband successfully securing ILR, her application was refused.
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A Shocking Decision
Speaking to The Observer, Dutta expressed her disbelief over the Home Office’s decision. “I was shocked when I got an email saying I have to leave. 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 spent here, and I never thought something like this would happen to me.”
The Home Office further argued that Dutta does not have "a family life" in Britain, despite being married and living in south London with her husband for over a decade. The rejection letter also warned that if she did not leave voluntarily, she could face a 10-year re-entry ban and possible prosecution for overstaying.
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Legal Challenge and Growing Concern
Dutta's lawyer, Naga Kandiah from MTC Solicitors, emphasised that her research-related absences were necessary and should not be grounds for deportation. "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."
Dutta sought an administrative review of the Home Office decision, but her appeal was rejected. She now faces the possibility of leaving the UK unless she wins a legal challenge.