A bizarre immigration case in the UK has sparked debate after a Cuban woman was granted a visa to join her British boyfriend—who had already passed away a year earlier.
This strange oversight led to a long and complex legal battle, with multiple appeals and claims about the right to family life.
Visa Granted Despite Boyfriend’s Death
Ilian Velazquez was issued a visa in March 2019, allowing her to stay in the UK for two years as the partner of John Hewer.
However, legal documents later revealed that Hewer had actually died on November 29, 2018—months before Velazquez applied to stay in Britain permanently.
Following his death, she sought indefinite leave to remain in the UK as a bereaved partner.
Despite being refused, she remained in the country while appealing the decision.
Over the years, her legal case continued, shifting focus when she found a new partner.
New Relationship, New Challenges
Velazquez later entered into a relationship with Galan Zambo, a dual South African and Hungarian citizen.
She applied for leave to remain as his partner but was denied on two grounds: she was considered to be in the UK illegally, and Zambo did not meet the required annual income of £18,600 to sponsor her visa.
The couple then launched a legal claim, arguing that deporting Velazquez would breach her right to a family life under Article 8 of the European Convention on Human Rights (ECHR).
Zambo claimed he could not relocate to Cuba because of his business and financial responsibilities in the UK, while the couple also cited language barriers as a challenge to integrating into Cuban society.
Judge Rejects Appeal but Leaves Room for Another Claim
In a ruling last month, Upper Tribunal Judge Smith rejected their appeal, emphasizing that Velazquez had spent most of her life in Cuba and was familiar with the language and culture.
However, the judge left the door open for a future claim if she could prove that relocating to Cuba would present “insurmountable obstacles” to maintaining their family life.
Immigration System Under Fire
Chris Philp, the shadow home secretary, criticized the case as evidence of a “broken” immigration appeals system.
He expressed disbelief that Velazquez’s initial visa was granted despite her partner already being deceased.
“Clearly her visa should be removed. The fact that this lady has made endless appeals over six years shows how broken the system is,” Philp told The Times.
“We need to radically reform the system so cases are decided quickly, and those with no right to stay are rapidly removed. Endless claims and appeals make a mockery of the system.”
More Controversial Immigration Cases
Velazquez’s case is not the only unusual immigration appeal making headlines.
Earlier this week, reports emerged about Grenadian national Lynthia Calliste, who entered the UK on a six-month visa in 2018 and never left.
While in the country, she married a Latvian forklift driver, Konstantins Vinakovs, and later applied for a marital visa.
When the Home Office sought to deport her, she fought back, arguing that separating from her husband would violate her right to family life under Article 8 of the ECHR.
One of her reasons? Her husband wouldn’t be able to tolerate Grenadian food or cope with the island’s hot climate.
A Criminal Allowed to Stay Over Chicken Nuggets?
Another case that stirred controversy involved an Albanian man, Klevis Disha, who was allowed to remain in the UK partly because his son had a “distaste” for foreign chicken nuggets.
Disha arrived in the UK illegally in 2001, securing citizenship under false pretenses.
In 2017, he was jailed for two years after being caught with £250,000 in cash.
Despite this, an immigration tribunal ruled against deporting him, stating it would be “unduly harsh” for his 10-year-old son, known as C, to relocate to Albania.
The court noted that C had sensory issues, particularly with certain foods and clothing, making it difficult for him to adjust to life in another country.
As a result, Disha was permitted to stay in Britain despite his criminal record.
What’s Next for the Immigration System?
Cases like these highlight growing concerns over how the UK handles immigration appeals.
Critics argue that the system is too slow, allowing repeated appeals that delay deportation for years.
Others stress the importance of protecting family life and human rights.
As immigration continues to be a hot topic in British politics, cases like Velazquez’s, Calliste’s, and Disha’s will likely fuel further debate on how to strike a balance between enforcing immigration laws and upholding human rights.