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A Cuban citizen is facing possible deportation from the United Kingdom after traveling on a partner visa to reunite with her boyfriend, who passed away before her arrival.
Ilian Velázquez obtained a two-and-a-half-year partner visa in March 2019 to join her boyfriend, John Hewer, reported the British media The Times.
However, Hewer had passed away on November 29, 2018, before she applied for permanent settlement in the United Kingdom.
Velázquez submitted two requests for indefinite residency as a bereaved partner, but both were denied; the latest in July 2022. Despite this, he has remained in the country while appealing his case.
During the appeal process, Velázquez met Galán Zambo, a citizen with dual South African and Hungarian nationality, and requested permission to stay as his partner.
This request was also denied due to her illegal immigration status, as Zambo did not meet the financial requirements to sponsor her. An income of more than 18,600 euros is required to sponsor a person.
The couple argued that deporting Velázquez would violate their family rights under the European Convention on Human Rights, but their appeal was dismissed.
Nonetheless, a judge allowed the possibility of a new request if additional evidence were presented, such as a potential pregnancy of Velázquez, that would demonstrate insurmountable obstacles to living together in Cuba.
This case has highlighted failures in the UK's immigration appeal system, leading to calls for radical reforms.
Chris Philp, the shadow Home Secretary (a person within the shadow cabinet who follows the Home Secretary), described it as "completely ridiculous" that a visa was granted under these circumstances and emphasized the need to reform the system to prevent endless appeals.
"We need to radically reform the system so that these cases are investigated quickly and resolved in one go, and those who have no right to be here are swiftly expelled. Endless claims and appeals are a mockery of the system," said the British government official.
Frequently Asked Questions about the Ilian Velázquez case and the immigration situation of Cubans in the United Kingdom
Why is Ilian Velázquez facing deportation in the United Kingdom?
Ilian Velázquez faces deportation in the United Kingdom because his partner visa became invalid following the death of his boyfriend before his arrival. Furthermore, his applications for residency as a bereaved partner were denied. His situation is further complicated as he attempts to regularize his status with a new partner who does not meet the necessary financial requirements for sponsorship.
What problems does the immigration appeals system in the United Kingdom face?
The case of Ilian Velázquez has highlighted flaws in the UK's immigration appeals system, as endless appeals create delays and conflicts in the resolution of immigration cases. These shortcomings have sparked calls for radical reforms to expedite and simplify the process.
What are the requirements to sponsor a partner in the United Kingdom?
To sponsor a partner in the United Kingdom, a minimum financial requirement of 18,600 euros in annual income must be met. This requirement is essential to demonstrate the ability to support the partner without relying on public funds. In the case of Ilian Velázquez, their current partner does not meet this requirement, which has complicated their immigration situation.
What arguments have been presented to prevent the deportation of Ilian Velázquez?
Ilian Velázquez and his partner have argued that their deportation would violate their family rights under the European Convention on Human Rights. Additionally, a judge has allowed the possibility of presenting new evidence, such as a potential pregnancy of Velázquez, which could demonstrate insurmountable obstacles for them to live together in Cuba.
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