iPhone 3GS picture transfer query

If it was me, I would transfer the photos to the computer, and then you can work with them from there. You can either add them to iCloud photos from the computer, or you could just sync the photos to the iPhone from iTunes. That is probably the best way with the older iPhone 3GS.

So your iOS is not compatible with iCloud Photos, but is with Backup and restore.

See >>> https://support.apple.com/en-ca/HT203977

Have you tried to restore that backup to your new phone? Keeping in mind, it will overwrite everything currently on your phone.

See this Apple support article—>Transfer photos and videos from your iPhone, iPad, or iPod touch - Apple Support, specifically the Import to your Mac or Import to your PC sections.

I havnt restored to the iPhone 3 backup as it would do exactly what you said write everything off what I currently have - I havnt linked to iCloud so am I correct in if I purchase iCloud and backed out I would be able to

link and have all photos then put onto my current iPhone?

Your iOS is not compatible with iCloud Photos. Possibly iCloud Backup, but you will have the same Restore issue.

What iOS version is on it? That may tell what options you have.

You're welcome. Lawrence has provided the link I should have given you for a little extra help.

Glad it all worked out.