Information regarding candidacy rights of temporary visa holders in Scottish Parliament elections: FOI release

Information requested

1. Any guidance, legal advice, correspondence, or briefing documents held by the Scottish Government and/or relevant council election authorities concerning whether a person on a Student Visa, Graduate Visa, or other temporary immigration status is legally permitted to stand as a candidate for the Scottish Parliament.

2. Copies of any legal interpretations or policy discussions relating to the Scottish Elections (Representation and Reform) Act 2025 and how it applies to visa holders seeking election as MSPs.

3. Any communications between the Scottish Government, Electoral Commission, Home Office, local authorities, or parliamentary officials regarding the immigration status requirements for MSP candidates.

4. Clarification as to whether election to the Scottish Parliament alters, extends, or affects an individual’s visa status or right to remain in the United Kingdom.

5. Legislation concerning what would occur if an MSP’s visa expired during their parliamentary term, including whether there are mechanisms for suspension, removal, or replacement.

6. Guidance provided to Returning Officers regarding verification of immigration or residency eligibility for MSP candidates.

7. If available, legal reviews or constitutional analyses concerning non-citizens or temporary visa holders serving as MSPs.

Response

1, 2 & 7:

In 2024, the Scottish Parliament voted unanimously to pass the Scottish Elections (Representation and Reform) Bill [now, the Scottish Elections (Representation and Reform) Act 2025]. One of the provisions in this Bill was to extend candidacy rights in Scottish Parliament and local government elections to all resident foreign nationals aged 18 or older with limited leave to remain. This means that persons living in Scotland with, for example, student visas or those with refugee status can stand as candidates at Scottish Parliament and local government elections, and if successful take up roles as MSPs or local councillors. Information on passage of the Bill, including the Policy Memorandum setting out the Scottish Government’s position and the Report at Stage 1 of the lead parliamentary Committee, is available at: Scottish Elections (Representation and Reform) Bill.

The change to extend these candidacy rights to those with limited leave to remain took effect on 1 August 2025. This followed the Scottish Parliament voting unanimously to pass the Bill which resulted in the Scottish Elections (Representation and Reform) Act 2025 becoming law.

The Policy Memorandum for the Bill set out the, then, Scottish Government’s position on this, and I would like to highlight paragraphs 15 to 22, which address immigration status. Further information on the Bill, including the Report at Stage 1 of the lead parliamentary Committee, is available at: Scottish Elections (Representation and Reform) Bill. You might like to note that the Standards, Procedures and Public Appointments Committee Report concluded at paragraph 88: “The Committee supports the extension of candidacy rights to individuals with limited leave to remain.”

Other publicly available information in connection with this legislation can be found at: 
letter-from-the-minister-for-parliamentary-business-dated-20-june-2024.pdf
Scottish Elections (Representation and Reform) Bill Equality Impact Assessment

Along with this, some of the information you have requested is enclosed in Annex A of this letter. Exemptions under Sections 30(b)(ii) and 36(1) of FOISA apply to some of the information requested. The reasons why these exemptions apply are explained in Annex B of this letter.

You will also want to note that under FOISA, we can only provide you with recorded information held by the Scottish Government. Requests for any information held by Local Authorities would have to be made individually to that Local Authority, and they will have information on how to do so on their websites.

3:

After conducting searches of our records we have not identified any communications between the Scottish Government and the Electoral Commission, local authorities, or parliamentary officials regarding the immigration status requirements for MSP candidates. This is a formal notice under S.17(1) of FOISA that the Scottish Government does not have some of the information you have requested.

An exemption under S.28(1) applies to a small amount of the information you have requested, the reasons why this exemption applies is explained in Annex B of this letter.

4:

Election to the Scottish Parliament has no effect on an individual’s visa status. Under the current constitutional arrangements, decisions about visas are a reserved matter to the UK Government, administered by the Home Office. Further information can be found at: Policy Memorandum Accessible

5:

Scottish Elections (Representation and Reform) Act 2025, which amends section 15 of the Scotland Act 1998. See also section 18 of the Electoral Administration Act 2006

6:

The information you have requested is enclosed in Annex A of this letter.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202600516434 - Information Released - Annex A and Annex B

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