All migrants who have ‘limited leave to remain’ in the UK will be permitted to stand for election as councillors next year, under updated SNP legislation.
The Scottish Government introduced a law last year which was meant to allow all migrants with limited leave to remain to stand in Scottish parliament or local council elections.
But concerns have been raised that it will mean that some would-be councillors will be unable to promise to serve a full five-year term – or could even end up working from abroad.
There was controversy last month when Green MSP Q Manivannan became the first migrant who does not have permanent leave to remain in the UK to be elected to Holyrood.
The Scottish Government has now identified a ‘gap’ in the legislation passed last year that means there is not currently provision for Commonwealth citizens with limited leave to remain to stand in local council elections.
Ministers have announced they will introduce a Bill after parliament’s summer recess to address the gap in time for the local authority elections next May.
A Holyrood source said: ‘It’s bizarre that just weeks after the Q Manivannan saga, the SNP are trying to encourage even more foreign nationals who have a limited right to remain to stand for local council elections next year.
Scottish Green Party MSP Q Manivannan at the Scottish Parliament
‘We could end up in a situation where scores of newly-elected councillors are either unable to serve full terms, costing taxpayers millions in needless by-elections, or potentially serving out their terms halfway across the world.
‘People will rightly find it outrageous that this is the top priority of the SNP.’
Details of the new legislation were provided in response to a parliamentary question lodged by Nationalist MSP David Linden, initiated by the Scottish Government, asking what steps would be taken to ensure ‘resident Commonwealth nationals with limited leave to remain can stand in the local government elections to be held on May 6, 2027’.
In the response, Parliament Business Minister Jamie Hepburn said: ‘While the law was changed on August 1, 2025, to permit foreign nationals with limited leave to remain to stand as councillors, we have identified a gap in the provisions which mean this did not apply to Commonwealth citizens with limited leave to remain.
‘This is contrary to the aim of the Scottish Elections (Representation and Reform) Bill, which was passed unanimously on December 17, 2024. I therefore plan to introduce a short Bill in September to give parliament the opportunity to remedy this issue in time for next year’s local authority elections.’
The gap in the legislation has come about as a result of complex rules on candidacy rights which have been developed in a piecemeal fashion over time.
The Act introduced last year inadvertently failed to cover Commonwealth citizens.
The gap is limited to local government elections and does not effect Commonwealth citizens with limited leave to remain standing as MSPs.
The Scottish Government has had no indication that any Commonwealth national with limited leave to remain has already been elected as a councillor.
Mr Hepburn said: ‘Having identified this gap in the legislation which is limited to local government elections and to Commonwealth citizens with limited leave to remain, we want to ensure Parliament has opportunity to resolve this anomaly and achieve the initial intent.
‘I don’t think anyone wants to be in position where, for example, a US citizen with limited leave to remain could stand for election to a local authority, whilst a Canadian citizen could not.’
