A Cuban woman was granted a UK visa to join her partner despite him having died months earlier, court documents have revealed.
Ilian Velazquez arrived in Britain in March 2019 on a two-and-a-half-year partner visa to join John Hewer, reports The Times.
However, it emerged that Hewer had passed away in November 2018, before her arrival.
The case, which came to light in documents from the upper immigration tribunal last month, is among approximately 34,000 immigration and asylum appeals currently awaiting decisions.
Her partner passed away in 2018
Getty
After discovering her partner's death, Velazquez made two applications for indefinite leave to remain in the UK as a bereaved partner. Both applications were refused, with the latest rejection coming in July 2022.
Despite having no legal right to remain, Velazquez has continued to stay in Britain while pursuing appeals against these decisions.
This case has become part of what officials describe as a string of controversial cases where individuals have managed to avoid or delay deportation for years despite lacking legal permission to stay in the country.
Following her failed applications, Velazquez formed a new relationship with Galan Zambo, a dual South African and Hungarian national.
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Shadow home secretary Chris Philp said that this case showed that changes to human rights laws were needed PAShe applied for leave to remain as Zambo's partner, but this was also refused as she was in the country illegally and Zambo did not meet the £18,600 salary threshold required to sponsor a partner.
Zambo's own immigration status was uncertain after failing to obtain EU settlement rights.
The couple then claimed that deporting Velazquez to Cuba would breach their Article 8 rights under the European Convention on Human Rights, arguing forced separation.
Zambo stated he could not relocate to Cuba due to his UK business commitments and the impossibility of supporting his children in Britain from there.
They also cited language barriers that would hinder his ability to work or integrate in Cuba.
A judge dismissed their appeal last month but indicated they could make a fresh claim if they could demonstrate "unsurmountable obstacles" to living together in Cuba. The judge noted that Velazquez's pregnancy with their first child could provide grounds for a new Article 8 application.
Chris Philp, the shadow home secretary, called the case "completely ludicrous."
"Clearly her visa should be removed based on the fact it was fraudulently claimed," he said.
