Scottish Green MSP Q Manivannan has been allowed to continue living and working in the UK.
The 30-year-old, originally from India, was elected to Holyrood in May while on a student visa and they announced on Friday it had been extended to a graduate visa.
There are concerns the Edinburgh and Lothians East MSP could lose the right to work in the UK while serving as a member of the Scottish Parliament.
Their new three-year visa would take them to 2029 – two years short of the full parliamentary term – though they previously announced plans to also apply for a global talent visa.
Manivannan, who has described themselves as a “queer Tamil immigrant”, said on Friday: “This is my home and I’m not going anywhere.”
Reform and the Tories had criticised the Greens for allowing Manivannan to run for election despite not being a UK citizen or having indefinite leave to remain. However, the Greens said all parties voted for the legislation which allowed immigrants to run in elections.
Manivannan has been at the centre of a number of controversies since becoming an MSP, including claims they sought to portray themselves as being disadvantaged, despite coming from a wealthy family.
They were also widely criticised for remarks about the “demonisation” of rape and describing rape as existing on a spectrum. Manivannan later said the comments, made on a podcast, were “maliciously” edited” but said they were “sorry” for language and upset caused.
Manivannan said: “In just the past few months, I along with my Green colleagues have been getting on with our jobs.
“We have worked on a range of issues, from ensuring fair work in arts and culture and establishing an artist minimum income, securing better and more flexible access to childcare, and standing steadfastly against AI hyperscale data centre applications in Edinburgh and beyond.
“I recently received my graduate visa as planned, after going through an extractive and expensive immigration system – one where applicants are made to pay thousands of pounds for the right to live and work in Scotland.
“My focus is where it always has been, on serving my constituents. This is my home and I’m not going anywhere.”
Manivannan, along with fellow Green Iris Duane, were the first openly trans people to be elected to the Scottish Parliament.
Manivannan previously fundraised for their visa application, which prompted criticism after it emerged they owned a house in India worth up to £250,000.