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.

Op, I’ve been in the situation of having to sort family things out when there’s been 1000’s of miles between people and my advice right now would be to slow down and for now try as a family to support your nieces in their home country. It’s just way too soon to be thinking of anything else. This also applies to your brothers family.

I'm really sorry you lost your brother. It must be terrible.

I wonder why your sister-in-law accepted such a lot of financial help from your mother and father when she could presumably worked and contributed herself.

[quote purplepots]@SecretKeeper1 they live in Phnom Penh and they speak English and Khmer[/quote]
Ok, at least they’re in the main city and not rural. I’ve been to Cambodia and the standard of living (and education / prospects) differs wildly.

I think the best you can do from afar, while gathering info, is to keep in close contact, particularly with regard to maintaining their English. Can you call / FaceTime them? It’s really important that they continue regular English speaking so they don’t lose what they know.

@CharlotteRose90

Who is planning to pay for the family if they come over? Because I imagine the wife will come on a visa and the dc can’t work. Please don’t bring them over to rely on benefits. I know you are grieving but it would be terrible to do that.

What a disgraceful post.

You mentioned, I think, that your brother has a pension. You and your SIL might be better, in the short-term, checking that out and seeing if there is any money there for her. If there is perhaps it could be used for schooling.

It's never a good idea to take major life decisions in the weeks or months after a major bereavement if you can help it. My guess is that continuing in their usual routine and continuing to go to their school is likely to be better for them in the short-term rather than making possibly unrealistic plans to move halfway around the world.

OP, can you and your parents and other extended family members pull together enough money to keep the girls in school for the next six months, say, after which you could reevaluate?

@SecretKeeper1

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.

I believe the question was around immigration options not for opinions from judgemental strangers on what is best for the family.

I am sorry for your loss. What a sad situation. I am not too knowledgeable in this area but are there any NGOs based in Cambodia who could advise?

@RandomPerson12345

Sorry for the multiple posts, it won't let me go back to add to the previous one;

I've just taken the time to read through the whole thread and am pretty shocked by some of the misinformation being given to the OP here. The £60k in assets or £24ish k in income requirements are only for certain types of visa, as are language requirements. The humanitarian visa I referenced above bypasses the language requirement as well as financial requirements, and the holder is entitled to benefits. It's not a common visa type to apply for as it doesn't fit most circumstances, but this isn't most circumstances. In this case, the visa is not issued for the mother's sake, it's issueed so that the children can live in the UK because they are British and it is in their best interests to be allowed to live here with their mother.

Again, talk to the folks at the immigration firm I referenced above, they are professionals and do this for a living. Don't just take the word of random people on an annonymous forum and give up on the basis of it.

Some people on the thread ARE experts in the sector. OP, I'd be wary of contacting any "random" law firm recommended by "random" posters who just happen to stumble upon a thread. If you get my drift.

@RandomPerson12345

Further to my last post just based on some other post I'm seeing above: Yes, the kids are legally entitled to British citizenship, but proving it isn't that straight forward even if they look like their dad. Being entitled to something and actually managing to claim it are two different kettles of fish. This is surmountable but as I said, it is unlikely to be quick or easy. That being said, it's no where near as expensive as some people are claiming. Getting my half Khmer son's British passport took us about 5 months and cost a few hundred US dollars in total, that includes the application, cost of obtaining prerequisite documents, and getting them translated at the only place in Phnom Penh that is legally allowed to do it. Again, this is a process I have been through myself with my own son and I'd be happy to offer further details of the process via DM.

Obtaining a child's British passport when the child is entitled to one costs a standard fee and apart from the birth certificate, the British father's passport is needed. Maybe the waiting times or "Shereen in Glasgow" or whatever made it arduous but these children wouldn't be "applying" for BC. They ARE BC. As was your "son".

"have never wanted to rip them away from their family (or whatever someone's lovely choice of words were)"

Nobody said that, they said it would involve "splitting them from their mother" should you get a kinship care order. I simply quoted them and suggested that it wouldn't be a good idea for you to suggest that to their Mum at this time!

I acknowledged that you obviously don't have that intention but, like many posters, wondered if this was the best route to be even considering for them, especially as you'd said you hadn't really spoken to SIL but her young daughter.

Be wary of random posters "recommendations" too, if you do seek legal advice I would source my own. There are some obvious inaccuracies in their posts.

Good luck

Having read RandomPerson’s post, please do get proper legal advice from someone who does actually know what they are talking about and isn’t just relying on advice from Shereen in Glasgow. It is nowhere near as simple as just applying for a Humanitarian visa and there is a massive difference between Shereen talking about applying for it and it being issued. Also, Random’s circumstances are so different to yours that the situations aren’t comparable.

Some CAB offices can and do offer immigration advice although, in my experience, it varies hugely from area to area. You can get into a lot of trouble if you provide immigration advice in a professional capacity that you aren’t properly qualified to give, so it obviously depends entirely on who they have available to them. Definitely try your local office and, fingers crossed, you might be in luck.

@CharlotteRose90 has a point though. The wife has never worked and was supported by the brother, she lives with her parents. How exactly is she going to support and contribute if she was brought to the U.K.? The children have never met the OP, never been to the U.K., never left Cambodia from the sounds of it - I don't see any "humanitarian" need for them to come here when they have a home and grandparents and half sister where they currently are.
If the OPs parents have funded their education thus far there is no reason why that can't continue supplemented by the OP, the half sister who at 18 capable of working and their mother?

There may be charities in Cambodia that would assist with education if someone is widowed.

I wouldn’t recommend CAB for immigration advice. They are great for some things but in these circumstances you need specialist advice from professionals with specific experience.

I wouldn’t recommend CAB for immigration advice. They are great for some things but in these circumstances you need specialist advice from professionals with specific experience

If you can find a CAB with an immigration advisor, then they WILL (capitalised for emphasis, not shoutiness) be a professional with specific experience. It is illegal for them to hand out Immigration advice if they are not correctly qualified and registered with the necessary regulating body. There are serious consequences for doing so. Your only issue will be finding an office that has a qualified person.

Hi OP so sorry for your loss, sadly I don't think it will be possible for the wife and the stepchild to come here. Immigration to Britain is very complicated even with a living spouse. My DH does not have british citizenship, we are currently both expats but have already pretty much settled that when we decide we want to head home/lay down roots it will be to his home country because getting him a visa for the UK would be 100x more complex than getting me a visa for his home country. They would need to prove they have enough money to live on or you would need to prove you can house and support them to even have a chance and even then its a long, complex and expensive road.
I would say pp suggestion of asking relatives and friends of your brother to make a donation towards the girls schooling in cambodia would be the best option, its not uncommon for people to ask for donations to hospices and charities instead of flowers so I think plenty of people would donate. You can also help the younger two to get there british passports now so that when they are old enough they can come to the UK to work or study etc. if thats what they wish to do.
Some advice r.e the british embassy/consulate in my experience as an expat they are often worse than useless at actually helping you sort anything unless you are very pushy and turn up knowing exactly what you need and are entitled to. If you do go down the route of trying to get visas keep this in mind and ensure the step daughter and SIL are fully prepared to advocate for themselves to get help and advice

OP I’m a foreigner from a country near Cambodia and have looked into bringing my family here. It’s difficult, complex and would cost thousands in legal fees.
If you have the money to pay a lawyer you should be able to afford international school. If not Cambodia then another Southeast Asian country Malaysia is an English speaking country and many schools teach GCSE and A-levels. Including my former A-Levels college which was Christians run and charged the equivalent of several hundred British pounds a year for A-levels. Even the National syllabus is taught in English. You will have no issues finding an affordable education.

I took the National syllabus all the way, A-levels and went to an elite British university. Many of my A-level coursemayes were from places like Cambodia and the Phillipines and took GCSE’s in my country.

With refugees etc being a priority the British spouse of someone is going to be last on the list for anything. People who are legitimately married to a British citizen have trouble enough coming here let alone one who’s dead. Focus on their education and getting them to a U.K. uni for now.

Sorry if it wasn’t clear - I’m Malaysian! Which is well in the same region as Cambodia. How old are the children?

Also to add OP - as you’re hoping they can come here and claim benefits I’m guessing none of you have any money that can support them in Cambodia?
They can also take GCSE’s as private candidates.
All of it depends on how old the children are

educationdestinationasia.com/school/pelita-international-school
This one is several thousand British pounds a year.
Unlike schools in Cambodia where the fees are tens of thousands British pounds from what I saw?

*US dollars

Another person suggesting that the OP doesn't contact Shereen in Glasgow. I've just spent 15 minutes googling on the government website and there's no such thing as a Humanitarian Visa, which sounds immediate alarm bells. Loads of stuff in randomperson12345's post sounds dodgy, including warning you off the British embassy/ consulate where you might get some basic advice free of charge. There have been massive problems with immigration specialists offering bad advice and milking clients for everything they've got, so do your own research before choosing a lawyer.

@Shedbuilder

Another person suggesting that the OP doesn't contact Shereen in Glasgow. I've just spent 15 minutes googling on the government website and there's no such thing as a Humanitarian Visa, which sounds immediate alarm bells. Loads of stuff in randomperson12345's post sounds dodgy, including warning you off the British embassy/ consulate where you might get some basic advice free of charge. There have been massive problems with immigration specialists offering bad advice and milking clients for everything they've got, so do your own research before choosing a lawyer.

Yes I found this as well. Also bear in mind that lawyers help make a case as the immigration department’s requirements are complex. They cannot find you a loophole where there is none. Any advice they give you should also be readily available on the gov U.K. website. A always ask for official links to be sent as proof.

www.gov.uk/uk-family-visa/partner-spouse

I’m sorry for your loss OP.

I would slow right down and allow yourself to grieve. Your brothers family are grieving themselves, but they are in no danger, they are safe and being cared for by his wife’s parents in their own country and their own home. The children have lost their father, but don’t feel that you, as their aunt, have to now step in and rescue them. They are living with their mother, grandparents and elder sister. They are going to be OK. His death must be such a shock to you, but the family situation is not an emergency that you need to step in and solve straight away.

I'm not going to sit here and argue with people who haven't been through the process. Two simple pieces of advice:

• Contact a firm that specializes in this sort of thing. I recommended the one I used but there are tons of them and it makes no difference to me which you use as long as they are reputable.

• Start a similar thread on Cambodia Expats Online. You will find people there who have been through the process of getting British passports for their half Khmer kids and have done various kinds of visa applications. A lot of the posts here are providing misinformation, speaking to people who have already been through this will be vastly more helpful.

I'm out, peace all.

This is quite a specific situation and it really depends on the needs of the children. If the children can get British passports, they have a right to come and live here in the UK. Obviously they can't come alone so a parent or guardian can accompany them. The Home Office would have to be convinced that it was in the best interests of the children to live here. The parent would be given permission to stay but they would have to be able to support themselves and the children without recourse to public funds. However, if the parent doesn't have the money, they can still apply to live here and receive rights to work, access benefits and NHS, etc, if they can still convince the HO it's in the best interest of the child. Of course, that appeal can be rejected but the HO has to prove they have put the interest of the child above all other considerations.
It's not an easy route but it is possible.