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.

Just be aware too that immigration lawyers can charge A LOT of money and it doesn't necessarily mean a good outcome. Better to get free advice first from embassy, gov.uk, etc and just see if she has a case before you start spending money.

So, is this YOU that wants them to move to the UK? To bring his family “home” so to speak? Or has his widow expressed that it’s her wish to relocate herself and her daughters, while leaving her parents there?
I’m sure you are grieving deeply but are you sure that this is the correct course of action?
Have you met your sister in law and the children?

If he has paid NI in this country she may be entitled to a widows state pension. This is payablle for a year AFAIK. I dont think its likely she will get residence satus in the Uk.

@BingBongToTheMoon it was a discussion with the eldest daughter (step-daughter). Because they can't afford to continue their education in Cambodia we are looking at any other options.
I am just trying to gather information to help them see what options there might be.

Yes I have met my SIL but I have never met the children (17,12 and 11)

@purplepots I'm glad they've got support, and I hope you have, too. I'm so sorry for your loss

Citizens Advice will usually not give advice on immigration issues; and it's a really complex area of law, so it's typically not covered at free legal clinics either. It's very likely that they'll need an immigration specialist; and they're likely to be looking at a bill of a few thousand to attempt to do this - so that might be something to chat about as a group first, to see if there is any way to fund them coming over.

I'm not an expert and nobody would be able to give specific advice here as it's too dependant on details; but in general, it doesn't sound like she'll qualify for a spousal visa, and it's unlikely that his step-daughter would be able to come over. His step daughter might be able to study here as an overseas uni student; if she has the qualifications/income. His wife might be able to get a skilled persons visa, if she has the required skills/experience.

His daughters will be able to apply for nationality, but not necessarily citizenship, unless they could come and live with someone resident here. Being the parent of a British national doesn't usually provide a visa, and it sounds like they're too old to use the school child route.

It's a long and expensive journey; and while I'm absolutely not saying that it's not the right thing to do, it might be prudent to give them some time to adjust and decide what they'd like to do before investing too much into it, just incase.

Are you sure they know you're looking at options that include them leaving their home and family?

I can't imagine the offence or upset you might cause by putting some of the scenarios discussed here to his wife!

You weren't even sure if their ages and haven't met them but are talking of hiring an immigration lawyer at massive expense. Someone mentioned kinship care arrangements and splitting them from their mother!

Please tread carefully. You've lost your brother and could really offend here and damage any chance of a relationship with his family. It's too soon!

What is the cost of schooling in Cambodia? If he managed to send them without a job then is it really that expensive? Could you and your parents/family support them plus fundraising and sharing a just giving page?

@TakeYourFinalPosition

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.

Isn't being a British national the same as being a British citizen? And surely you can only have a British passport if you're a British citizen?

Someone mentioned kinship care arrangements and splitting them from their mother!

That was me, I wasn't suggesting it was a good thing to do, but that given the immigration position to do what the op wants might mean pretty extreme action of splitting the family

There is a visa for parents of a British child, your SIL might qualify for that. I don’t know the details, but I’m pretty sure she has to prove funds and wouldn’t be entitled to benefits. Sorry OP, and sorry for your loss

17 yo will not qualify for UK Student Finance or home fee status for uni if that is what she is hoping for. Is there no free education in Cambodia?

@PronounssheRa yes I know you weren't but after that, and other, ideas it transpired that this is only after a conversation with his step daughter. It might be in the OPs best interests to find out exactly what his wife wants and needs before contacting a lawyer or even suggesting anything like care orders to her.

I'm trying to put myself in the position of his wife and I think I'd be concerned and maybe scared that my husbands family wanted to remove the children. Especially if anything was lost in translation due to language barriers.

@NigelSlatersXmasTaters I don't know why you are writing in such an aggressive manner. I have said a few times that I am just looking at options.
I would never try and take her children away. And having spoken to my SIL I know that I did get their ages correct.
I am also grieving as my 50year old brother has died. When I was younger I spent a lot of time with him and we were very close still. I am trying to find out the information I need as my SIL has asked that we help to get the younger girls British passports.
Some people just like to feel offended I guess

Sorry op, I'm not being aggressive and know full well you're not trying to take the children away.

I'm trying to suggest that you should speak with her first and that this could come across really badly! I have made suggestions about supporting them in situ and simply believe that you'd be better to offer that to her. Talk of immigration and embassies could be pretty shocking for her.

@LIZS there is free education in Cambodia but my niece (brothers step-daughter) said it is not secure.
It is around £500 per term per child for the education they currently receive. And if money was not a problem I would happily pay and in fact my husband has said that perhaps we can pay towards it but we are not in a position to pay every single term.

[quote TakeYourFinalPosition]@purplepots I'm glad they've got support, and I hope you have, too. I'm so sorry for your loss

Citizens Advice will usually not give advice on immigration issues; and it's a really complex area of law, so it's typically not covered at free legal clinics either. It's very likely that they'll need an immigration specialist; and they're likely to be looking at a bill of a few thousand to attempt to do this - so that might be something to chat about as a group first, to see if there is any way to fund them coming over.

I'm not an expert and nobody would be able to give specific advice here as it's too dependant on details; but in general, it doesn't sound like she'll qualify for a spousal visa, and it's unlikely that his step-daughter would be able to come over. His step daughter might be able to study here as an overseas uni student; if she has the qualifications/income. His wife might be able to get a skilled persons visa, if she has the required skills/experience.

His daughters will be able to apply for nationality, but not necessarily citizenship, unless they could come and live with someone resident here. Being the parent of a British national doesn't usually provide a visa, and it sounds like they're too old to use the school child route.

It's a long and expensive journey; and while I'm absolutely not saying that it's not the right thing to do, it might be prudent to give them some time to adjust and decide what they'd like to do before investing too much into it, just incase.[/quote]
Nationality and citizenship are the same thing (I used to work in the relevant gov dept) and on the info the OP has given, the two children are British already.
Do you mean residence/settlement?

@Bitofachinwag, yes, nationality and citizenship are the same.
The children would seem to be already able to apply for British passports. Their father may already have obtained them for them.
I think people are getting confused between nationality/citizenship and residence. (As in for tax purposes etc)

If your brother did not work, then how was this education getting paid for? If your SIL was working to pay for it surely she'd continue doing that? It appear they have roots there, family support there, and are used to being there. So surely the need is to adjust to life without their husband/dad and to continue to live their lives post bereavement as many others would - rather then try out the complexities of relocating to a different continent?

He only died on Friday.
With all due respect, I think you need to back off and let the family make their own decisions.

Why on earth would they want to move here? It sounds like your SIL would be best staying in her home country with her family around her. Of course, the elder daughter could look at applying to British universities, but in the meantime you could possibly help fund education for the younger two. They, in particular, should stay in familiar surroundings, not plonked in a foreign country surrounded by strangers. They’ve been through enough.

[quote purplepots]@LIZS there is free education in Cambodia but my niece (brothers step-daughter) said it is not secure.
It is around £500 per term per child for the education they currently receive. And if money was not a problem I would happily pay and in fact my husband has said that perhaps we can pay towards it but we are not in a position to pay every single term.[/quote]
Get a free hour with an immigration lawyer initially
Education here is free but what would they live on??? Or would they live with you?

Sorry this is on my mind. Is the question this -

Would a recently bereaved family like to uproot and relocate themselves halfway across the world where nobody has any income, history, money or anything?

Normally - if someone dies, the rest of the household grieves and gets on. And usually do not move to another continent.

Is this too simple an understanding of the situation? What's all this immigration talk about? Dad/DH has sadly died, so they grieve and carry on surely?

@Imposterish

Sorry this is on my mind. Is the question this -

Would a recently bereaved family like to uproot and relocate themselves halfway across the world where nobody has any income, history, money or anything?

Normally - if someone dies, the rest of the household grieves and gets on. And usually do not move to another continent.

Is this too simple an understanding of the situation? What's all this immigration talk about? Dad/DH has sadly died, so they grieve and carry on surely?

I'm not sure if it's too simple but it's also my understanding.

Sorry for your loss, it must be a shock especially as he is so far away. How were they paying for the school before he passed, has his wife been in touch with the school and authorities to ask if they can get financial support. Can his wife work or can her family help out financially. Are the stepchildren dad around and contributing financially. It seems a massive upheaval for the family who may wish to stay in Cambodia. Perhaps you could send them money for just one term to help them at the early stage until they decide what they want to do.

If they can't afford to live in Cambodia how on earth will they afford the UK?