Brother died need immigration help

[purplepots]

Good morning,
My brother passed away on Friday very suddenly.
He was living in Cambodia with his wife, his step-daughter and his two biological daughters who were born there.
I need to find out if it is possible for all four of them to come to England so the girls can continue to study, it is too expensive over there and they have no income.
I know the two youngest will be able to get British passports (although haven't started that process yet, will call passport office today)
If they come over would they get any benefits to help them live?
It is all very raw still and I need to help these girls and women.

They need to contact the nearest British Embassy/Consulate to where they are living OP. The can't just go to the airport and fly here with the intention of moving here and living in the UK unless they have the right documentation, which will include passports, visas, etc. If they have no income I can understand their/your desperation, but sadly unless they have the right paperwork they can't just come here.

@zafferana oh no they wouldn't be doing that. The girls have their schooling paid until end of the year anyway. My brothers wife and daughter are both Cambodian so I just don't know if them coming over here is an option at all. I just need some signposting I guess. Thank you

I'm concerned too that the DC who wasn't your DB's will not have the right to move to the UK. The wife and the two biological DC should both be able to get passports, as long as she can provide his passport, their marriage certificate, the DC's birth certificates with his name on as the father, etc. The other DC though? I'm not sure. That's why she will need to make an appointment with the British Embassy or Consulate to go through everything.

you need to talk to the wife and you also need to talk to an immigration lawyer.
the wife not being british will complicate things a lot.

sorry for your loss.

I'm not sure his wife would be entitled to a British passport, you normally need to have lived in the UK and have ILR

did your brother have life insurance or work death in service benefits?

Yes, sorry, @PronounssheRa is right. The DC should be able to get passports, the wife may be able to get a spouse visa, but there are regulations now about having sufficient funds. If your DB was alive and bringing his family over with him to the UK, then he'd have to prove that he met the income threshold to support them (and this goes up with each dependent he's bringing). I really don't know if your DB's wife on her own, who has no income, would be able to meet this requirement. That's why she needs to make an appointment with the embassy.

The two youngest's next of kin (assuming born in Cambodia and your brother was born in the UK) are British by descent and can already apply via the UK gov passport service for passports.
Holding British nationality doesn't necessarily give them permission to come and live in the UK however. There would be lots to go through including obviously their mother's wishes. Would she be applying to come to the UK? Based on what you've said, she isn't entitled to British Citizenship as a spouse, and you can't apply under that clause if the BC spouse is deceased.
The mother of the children needs an Immigration lawyer. Try the consulate in the area initially.

Sorry, the two youngest
No idea why "next of kin" is there.

I am not a lawyer or an immigration specialist, but from the experience of a number of friends and family members with non-British spouses, I would say it is highly unlikely the widow and step daughter would get permission to come.

It is hard enough for a living British person to get the right for their non-British spouse to live here, as you have to prove that you have regular income over a certain level to support them, and they are banned from claiming benefits. I have one family member who still cannot get her husband (of 20+ years) the right to come and live in the UK with her and their two daughters, as her job does not pay enough. I can't imagine that someone who has never lived in the UK would suddenly get the right to come once their spouse has died.

Thank you all for your help. My brother was not working as he had lost his job due to the lockdowns they kept having. He had no insurances that we are aware of. He has a pension here we think but that is all.

In that case, I really wouldn't get her hopes up OP. Your DB's two biological DC should be eligible for British passports, which would allow them to come here as adults, but it seems very unlikely indeed that they'll be able to come here with no sponsor, no income and no right to claim benefits. Are you and the wider family able to help them out in Cambodia? That's probably the most realistic option.

The only route I can think of is that you or another uk based relative could have a kinship care arrangements for the 2 youngest children. But that would mean taking on responsibility for 2 children and splitting them from their mother and sibling.

Gosh I'm so sorry for your sudden and tragic loss, how sad with him being so far away too.

You and they would do well to hook up with an immigration lawyer to find out a route forward. It may be that the younger girls can gain UK residency and eventually support applications for their mother and sister. But someone in immigration will know all the ins and outs. Good luck.

Does his wife want to move here? It's all very practical but you haven't said what she wants. I can't imagine that she'd just want to uproot from everyone and everything she knows after losing her husband!

The best thing you could do to help is offer some practical and financial support. I don't go in for them personally but a go fund me type thing in lieu of flowers and from people who knew your brother?

Sorry for your loss

What zafferana said. I have a British-born relative who has lived in the US for the last decade and is moving back here with his American wife. He's an IT professional and who will continue to work remotely for a major US company but still his elderly mother has had to sponsor them and provide proof that they will have somewhere to live and the whole thing has taken at least a year to process paperwork and cost thousands. The whole point is to filter out immigrants who will arrive expecting benefits and housing.

It's a few years since I was in that part of the world but surely it's much cheaper to live in Cambodia than it is here? If your brother has a pension then his widow may have a claim on that.

I’m with @Geamhradh; she needs an immigration lawyer but from what you’ve said, she doesn’t clearly match the requirements for a spousal visa, and his step child is also unlikely to be able to come over. His children will be entitled to British passports and are British nationals, but that doesn’t necessarily mean they will get British citizenship.

She really needs a lawyer. Does she have any family or friends in Cambodia? Whatever she does is unlikely to be fast.

Sorry for your loss

If your DB had paid into a private pension, you should be able to access this money for his dependants. But you would need a copy of the death certificate.

I would imagine that the family in Cambodia would get help from their local school, church & friends

Sorry for your loss . When did your brother last live here ? To be honest I think there would be very little chance of his wife being able to settle here, let alone claim benefits, she would need to pass the habitual residence test and would be unlikely to do that.

I am very sorry to hear about your brother.

If the daughter is under 12 then the only option would be to get a Student visa for her and the mother to get a Parent of a Child Student visa:

www.gov.uk/parent-of-a-child-at-school-visa

She cannot work on that visa.

That will only work until the child is 12, then the child would either need to go to boarding school or go into an informal foster agreement and live with one of your brother's relatives e.g. you.

The mother would then need to find another visa to remain in the UK, such as a Skilled Worker visa. Generally being the parent of a British child does not give you rights to any visa.

I would advise getting some good immigration advice, there may be an argument to make an application 'outside the Rules'. ILPA are the industry body for immigration lawyers:

ilpa.org.uk/members-directory/

Was your dbro born in UK to UK national parents? That can complicate his children being British by descent otherwise. Was the step daughter adopted by him? Local Consulate should be first port of call. I doubt they would qualify for benefits, free nhs treatment etc until a period of residency has passed, even if his wife is eligible for a visa.

@NigelSlatersXmasTaters I am not sure what she wants as it is her daughter - my brothers step daughter who I have mostly been talking to.
I am just trying to find out what options might be available to them.

Very sorry for your loss.
In the absence of an immigration lawyer I would contact the Citizens Advice Bureau also.

@TakeYourFinalPosition
Yes she lives with her parents as this is the way in their country. So they are not alone thankfully.

Everyone has been very helpful thank you.
I am looking in to the British embassy in Phnom Penh and have spoken to somebody at citizens advice who will hopefully be able to provide helpful information as well.

@LIZS yes our parents are both British nationals.

My brothers step daughter is almost eighteen so I think that may cause problems too as she is almost an adult. I think the younger two girls are eleven and twelve but I am not great at retaining that sort of information!