Filipino widower wins right to stay in UK

8:11am Tuesday 5th August 2008

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A Filipino man whose wife was unlawfully killed at the Great Western Hospital in a drugs blunder has won the right to remain in the UK.

Arnel Cabrera's wife Myra died at the Swindon hospital an hour after giving birth to their son Zac, now four, in May 2004 Bungling staff wrongly injected her with a powerful epidural pain relief in her arm instead of into her spine.

“I look forward to the day when Zac and I can continue our lives here in England as we planned before Mayra’s death.”

Arnel Cabrera

Mrs Cabrera's death affected her husband's immigration status but now he has finally been granted his wish to live and work in Swindon after a dramatic Home Office U-turn.

And he hopes to get his four-year-old son Zac here so that they can rebuild their lives following the tragic mistake that cost him his wife.

Arnel, 38, had previously only been granted a six-month stay in the UK after his short-term visa was fast-tracked through the system.

However, the Home Office yesterday confirmed Arnel had been granted leave to remain in the country indefinitely.

Mr Cabrera said: "I am so glad that my application was finally granted and I would like to thank everyone who has supported me.

"I look forward to the day when Zac and I can continue our lives here in England as we planned before Mayra's death."

A jury returned a verdict of unlawful killing at Mrs Cabrera's inquest in February.

But her death altered Mr Cabrera's immigration status and his right to live in the UK, and he has been campaigning against this decision with support and funding from Unison.

He returned to the UK a fortnight ago to meet with ministers to plead his case for permanent residency.

A home office spokesperson said: "The minister reviewed this case on compassionate grounds and decided to grant him indefinite leave to remain."

Immigration minister Liam Byrne MP made the decision officially yesterday, but the first Mr Cabrera knew about it was when his new passport arrived with a letter at his solicitors in the post.

Alex Rook from Irwin Mitchell solicitors, who dealt with the immigration side of the case, said: "He was absolutely delighted.

"I think he was a bit shell shocked - he's been through an awful amount."

He added he was quite certain Mr Cabrera would now make his life here in the UK.

Although his status is not that of a UK citizen, he can come in and out of the country freely and work freely without applying for a work permit.

"It's the end of the line in terms of his immigration position - he's here permanently," explained Mr Rook .

Now Mr Cabrera must make a fresh application for his son Zac, who is currently living in the Philippines, to join him.

South Swindon MP Anne Snelgrove, who has campaigned on Arnel's behalf, said she had sensed through meetings with Home Office ministers that a positive decision might be forthcoming.

"It was against natural justice in Britain in not allowing him to stay," she said. "So I hope Mr Cabrera will now be able to resume his life and be reunited with Zac as soon as possible.

"This case is an exception and we had to persuade the minister that it would not open the gates for people with less pressing reasons to stay in this country."

She added many people had helped to push Mr Cabrera's case, including Councillor Rod Bluh, the Bishop of Swindon Lee Rayfield, the Great Western Hospital and lawyer Lord Joel Goffe, all of whom had written to the Home Office.