A Cuban national is on the brink of deportation from the United Kingdom after traveling on a partner visa to meet her boyfriend, who had passed away before her arrival. Ilian Velázquez secured a two-and-a-half-year partner visa in March 2019 to join her boyfriend, John Hewer, according to the British publication, The Times. Unfortunately, Hewer had died on November 29, 2018, prior to her applying for permanent settlement in the UK.
Velázquez submitted two applications for indefinite leave to remain as a bereaved partner, yet both were turned down, the last being in July 2022. Despite these setbacks, she remained in the country while her case was under appeal. During this time, Velázquez met Galán Zambo, a dual citizen of South Africa and Hungary, and subsequently applied for permission to stay as his partner.
This request was also rejected due to her illegal immigration status and because Zambo did not meet the financial thresholds required to sponsor her; an income exceeding 18,600 euros is necessary for sponsorship. The couple argued that deporting Velázquez would breach their family rights under the European Convention on Human Rights, but their plea was dismissed.
However, a judge allowed for the potential of a new application if additional evidence, such as a possible pregnancy, could demonstrate insurmountable obstacles to living together in Cuba. This case has highlighted significant issues within the UK's immigration appeals system, prompting demands for comprehensive reforms.
Chris Philp, the shadow Home Secretary, criticized the issuance of a visa under these circumstances as "utterly ridiculous" and emphasized the urgent need for system reform to prevent endless appeals. "We must radically reform the system so these cases are investigated swiftly, decided once, and those without the right to remain here are promptly removed. Endless claims and appeals make a mockery of the system," stated the British government official.
Key Issues in UK Immigration Appeals System
Why was Ilian Velázquez's partner visa application rejected?
Her applications were denied because her boyfriend had passed away before her arrival, and subsequent applications as a bereaved partner were unsuccessful.
What financial criteria must be met to sponsor a partner in the UK?
A sponsor must have an income of over 18,600 euros to support a partner's application for residency.
What reforms are being suggested for the UK immigration system?
Reforms are needed to ensure cases are swiftly investigated, decided in one go, and to prevent endless claims and appeals that undermine the system's integrity.