The change to the eligibility rules was introduced as part of the Scottish Elections (Representation and Reform) Bill, which was passed unanimously, external in December 2024.
Although expanding candidacy rights to foreign nationals with limited leave to remain was one of the key provisions of the bill, debates and media coverage were largely focused on an amendment banning MSPs from holding a seat at Westminster.
Raising concerns about the proposal, the Law Society of Scotland said the most common duration of limited leave to remain granted in the UK was two-and-a-half years, whereas Holyrood elections are held every five years.
It warned of the prospect of costly by-elections if MSPs lost their seat after being refused leave to remain.
“We are concerned that the expense, administration requirements and uncertainty created for constituents could be overwhelming,” the law society said.
A by-election is only triggered if a constituency MSP loses their seat. If a regional MSP loses their seat, they are replaced by the next candidate on the list.
The law society’s comments were cited by Conservative MSP Annie Wells during the final debate on the bill – though she and her party voted for it.
The only other mentions of the provision in the debate were from Lib Dem leader Alex Cole-Hamilton, who reiterated his strong support for the change, and government minister Jamie Hepburn.
He said it was “perfectly possible” for people with limited leave to remain to stand for election, adding that it was for the electorate to decide whether such a person “can represent them adequately”.