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Living overseas

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Is this possible. Immigration advice.

36 replies

wheretostart123 · 30/10/2022 15:35

A year ago my brother died very suddenly and I asked on here under a different user name about getting his wife and children to the uk. I had a lot of unhelpful replies accusing me of trying to take the family away from their support. However, the family are struggling and they would leave their country to provide good education for the children as well as working to earn money for them to live.
Where do I start to help them? I feel like I am letting my brother down by not helping his family.
The two youngest girls are currently applying for British citizenship as they had a British father. The eldest daughter is 18 and was my brothers step-daughter. His wife is a Cambodian national.
If anyone can tell me where to start I would be most grateful.

OP posts:
maranella · 30/10/2022 19:30

If you're not in a financial position to help them to make ends meet in Cambodia OP, how will you and your DM support them when they arrive here? You say they could live with your DM, but four extra people living in her house is going to mean her bills going up a lot. Plus, she'll have four extra mouths to feed and they almost certainly won't qualify for any kind of benefits. What qualifications does your SIL have that would allow her to find well-paid work in the UK?

I really understand your desire to help and how impotent this makes you feel, but if you can't even afford to send them a bit of money each month to help them get by where they are, how will you and your DM support them here in the UK? When my foreign/non-EU DH moved here he had 'no recourse to public funds' stamped in his passport and it wasn't until he got indefinite leave to remain, which took several years, that he would've been entitled to any kind of UK benefits.

newmummycwharf1 · 30/10/2022 19:40

So sorry for your loss. I think the younger siblings could possibly thrive here - for one, state secondary schools are free and generally good standard. Your SIL maybe able to enter the UK based on being a parent to British dependents - worth getting immigration advice as pp said. There is currently more vacancies than applicants - so depending on skillset - yes, they can make a good life for themselves here. Wish you all the best!

wheretostart123 · 01/11/2022 16:24

Thank you for all your messages.
It has given me things to think about and realise it isn't a simple thing.
I think I was just hoping the two youngest could could over and go to school for free and that their mum could come and work (perhaps a cleaning job) to help provide for them.
My SIL never worked as my brother provided for them. She is working now (6 days a week) but it doesn't sound like she earns much.
I knew the oldest girl would be an issue as she wasn't a biological or adopted child of my brother.

OP posts:
StrictlyJowita · 01/11/2022 16:28

You could look on .gov and go through the 'do I need a visa' questions as if you were the SIL with two British children living here in the UK.

StrictlyJowita · 01/11/2022 16:31

www.gov.uk/check-uk-visa

PAFMO · 01/11/2022 17:06

From the info given by the OP the two younger children are British Citizens. If an application for British Citizenship is made by mistake (in this case it wouldn't be naturalisation but registration as the children are minors) then the nationality office would flag that up and refund the fees paid.
Unmarried BC fathers have been able to pass on their c/ship since 2006, but in this case (obviously) that's irrelevant.

NameChangeForARaisin · 02/11/2022 21:45

I can't imagine leaving one of my children behind, even if they were 18.

SmallElephants · 02/11/2022 22:08

Can’t you and the rest of the family provide some financial support to them now where they are? School fees in Cambodia can’t be that much? And administrative help with getting their passports sorted (and paying the application fees?)
that sounds much much more useful then trying to help them by spilittingthe family and uprooting the teens.

AnneElliott · 02/11/2022 22:34

As pp have said the eldest is going to be an issue. Over 18s need to meet 'the most exceptional compassionate circumstances' which is a very high bar to cross. The relevant case law 'K' was a disabled man that lived on a beach (basically homeless and living in a shack) and that wasn't considered to meet the threshold.

I agree you need specialised immigration advice (please make sure they're a reputable firm - lots of shysters operate immigration practices) it's been a while since I was in Immigration.

Finances are going to be the next issue - your SIL and the eldest wouldn't be entitled to have a recourse to public funds and the sponsors (ie you and your family) will have to prove you can financially support them. Free accommodation from your mum would obviously help a lot, but without a job offer, I doubt that the Home Office would allow a reliance on your SIL getting a job. It might be worth making enquiries locally to your mum as an offer of work from an employer would be helpful.

wisbech · 03/11/2022 09:48

Have you or your mothrt considered becoming their guardian? At least that way you would get the child benefit to help defray the costs.

The mother might be able to come over as their guardian, but it isn't a given.

PremiumTV · 10/11/2022 12:23

Passport can be applied for online. In the application process, they ask questions to work out the basis for granting the Passport. Proving citizenship prior to the Passport application may not even be necessary. Work through the online form - it's rather straightforward. You don’t have to pay anything until you are ready to submit the passport application- so no harm in running through the questions

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