A high-achieving academic is facing deportation from the UK after the UK Home Office ruled that her overseas research trips, vital to her work, exceeded the allowed number of days abroad for residency status, reported The Guardian.
Manikarnika Dutta, 37, a historian and assistant professor at University College Dublin, has lived in the UK for 12 years and previously held research roles at the University of Oxford and the University of Bristol. Her work required extensive access to historical Indian archives, prompting several trips to Indian cities and participation in international academic conferences.
However, under the Home Office rules, individuals applying for indefinite leave to remain (ILR) in the UK on the basis of long residence must not be outside the country for more than 548 days in a 10-year period. Dutta spent 691 days abroad for her research—143 days over the limit.
The Home Office not only rejected her ILR application due to exceeding the time limit abroad but also denied her right to remain in the UK, citing the absence of a ‘family life’ despite her being married for over a decade. Dutta lives in Welling, south London, with her husband Souvik Naha, a senior lecturer in imperial and post-colonial history at the University of Glasgow.
“I was shocked when I got an email saying I have to leave,” Dutta told The Observer. “I’ve lived here for 12 years, much of my adult life, since coming to Oxford for my master’s. I never thought something like this would happen to me.”
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Dutta first arrived in the UK in September 2012 on a student visa and later transitioned to a spouse visa as her husband secured residency through the global talent visa route. Her lawyer, Naga Kandiah of MTC Solicitors, stated: “These research trips were not optional but essential to fulfilling her academic and institutional obligations. Without them, she could not have completed her thesis, met academic requirements, or maintained her visa.”
In October 2024, Dutta applied for ILR, along with her husband. While his application was approved, hers was refused. She then requested an administrative review, but the Home Office upheld its decision. The rejection letter warned: “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.”
Dutta’s PhD uncertainty
The case has sparked concern in academic circles, with many expressing support for Dutta and her husband. “This decision from the Home Office has been terribly stressful for both of us,” said Naha. “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.”
Kandiah has filed a legal challenge against the deportation order. In response, the Home Office has agreed to reconsider the case within three months but has left open the possibility of reaffirming the original decision, leaving Dutta in a state of uncertainty.
Brain gain or visa pain?
“My client’s case exemplifies how such situations severely undermine the UK’s reputation and its ability to attract and retain global academic talent—particularly at a time when strengthening international relations is crucial,” said Kandiah.
“If the UK genuinely seeks to position itself as a global leader in academia and innovation, it must foster an environment that is welcoming to top talent. Without such an approach, UK universities will continue to lose highly skilled PhD researchers in whom they have invested years of resources, expertise, and funding,” Kandiah said.
Meanwhile, a Home Office spokesperson said: “It is longstanding government policy that we do not routinely comment on individual cases.”