Shadow home secretary Chris Philp described the decision as “completely ridiculous.”
A Cuban woman was given a UK visa to join her partner, even though he had died months before she arrived, according to court documents.
Ilian Velazquez came to the UK in March 2019 on a two-and-a-half-year partner visa to be with John Hewer, as reported by The Times. However, it was later revealed that Hewer had died in November 2018, before she arrived.
This case was highlighted in documents from the upper immigration tribunal last month and is one of around 34,000 immigration and asylum appeals waiting to be resolved.
After learning about her partner’s death, Velazquez applied twice to stay in the UK indefinitely as a bereaved partner. Both applications were rejected, with the last refusal in July 2022.
Despite having no legal right to stay, Velazquez has remained in the UK while appealing these decisions.
This case is part of a series of controversial situations where people have avoided or delayed deportation for years, even without legal permission to stay in the country.
After her applications were denied, Velazquez started a new relationship with Galan Zambo, who holds dual South African and Hungarian citizenship.
She applied to stay in the UK as Zambo’s partner, but this was also refused because she was in the country illegally, and Zambo did not meet the £18,600 income requirement to sponsor a partner.
Zambo’s immigration status was also unclear after he failed to secure EU settlement rights.
The couple argued that sending Velazquez back to Cuba would violate their Article 8 rights under the European Convention on Human Rights, as it would force them to separate.
Zambo said he couldn’t move to Cuba because of his business commitments in the UK and the difficulty of supporting his children in Britain from there.
They also mentioned language barriers that would make it hard for him to work or fit in in Cuba.
A judge rejected their appeal last month but suggested they could make a new claim if they could show “unsurmountable obstacles” to living together in Cuba. The judge noted that Velazquez’s pregnancy with their first child might support a new Article 8 application.
Chris Philp, the shadow home secretary, called the situation “completely ludicrous.”
“Clearly, her visa should be canceled because it was obtained fraudulently,” he said.
