Settlement or not?

The complicated facts are: my wife is a non-EU citizen with a 10 year visa to enter the UK ("no work and no recourse to public funds"). We have been married for 10 years, mostly living in Hong Kong, and only occasionally visiting the UK - I am British, and we have two British children. We have recently moved to a new country (non-EU) where we have found we cannot get schooling for our youngest child on account of his special educational needs - which could be required for 1 - 3 years, maybe more.

The plan would be for my wife to take the son to the UK for schooling and for me to stay working where I am - but there are obviously many uncertainties. Our house is let and not available for occupation, at least until next March, so she would have to rent a flat. Longer term, they would return, or possibly I would have to give up and move to the UK.

The questions are:
1) Can she live in the UK on the existing visa?
2) Would I be able to claim the child benefit, even though I am non UK resident? (I would be wholly supporting them, but claiming child benefit would be nice after paying all that tax previously!)
3) Is a settlement visa likely to be granted in the circumstances (if not, which are the problem feaures?), and would this entitle her to work and claim child benefit? The thinking here is that if it turns out that she spends three years in the UK, it might as well be useful in the immigration sense as well.
4) Any other issues/questions we should consider?

Many , many thanks, if someone can help us wade through the rules.

This is a quite odd case, I think.

I'm not exactly sure what the whole process would be, but I'll get the ball rolling with some potentially useful information.

Since your child is a British Citizen, there are no problems in terms of your son's entry into the UK and schooling- that should be provided by the state, fine.

Your wife (his mother), however...she cannot use this 10 year visa (visit visa?) to reside in the UK because I think her maximum duration in the UK at any one time is 6 months- even if the validity of the visa is 10 years it cannot be taken consecutively (there are some posts on this site about people issued with a 2 year visa but only allowed to stay for 6 months max, for example). So this visit visa could potentially get her into trouble if she stayed longer than 6 months. (this is how I understand multiple long-term visas). Also, on a visit visa she cannot even work, study, volunteer, etc, because she's on holiday here!

Also, since you are not even in the UK, she cannot apply for any spouse-related settlement visa, because you won't be living together. Unless you move here as a family she cannot get any settlement visa. However, if you did move here together, she would be given ILE, which allows her to do anything she likes (within reason ) She could apply for a WP/HSMP I guess...but that would be a waste of time in terms of getting her permanent residency (PR), as technically she is already allowed to apply for PR- all you guys need to do is apply, get it stamped, and walk in through the airport and she's a permanent resident! This is because she has been married to you for over 4 years (and living outside the UK). However, she MUST be with you in the UK!

I do think there is a visa allowed for parents who wish to stay in the UK whilst their children are here studying. However, two things;
1. I only know about cases where the child was in public/boarding school
2. I didn't read anywhere that the parent would be allowed to work, since the whole purpose of them being here is to look after the child, not for employment means. I could be wrong, however...

I don't think you can claim benefit if you're not in the UK- otherwise lots of people would leave the country but still claim! Neither can your wife.

Hope this helps!

Thank you for that - it sent me straight into a state of panic and I found this provision:

Requirements for leave to enter or remain as the primary carer or relative of an EEA national self-sufficient child

257C. The requirements to be met by a person seeking leave to enter or remain as the primary carer or relative of an EEA national self-sufficient child are that the applicant:
(i) is:
(a) the primary carer; or
(b) the parent; or
(c) the sibling,
of an EEA national under the age of 18 who has a right of residence in the United Kingdom under the 2006 EEA Regulations as a self-sufficient person; and
(ii) is living with the EEA national or is seeking entry to the United Kingdom in order to live with the EEA national; and ......
(iv) can, and will, be maintained and accommodated without taking employment or having recourse to public funds; and
(v) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.

I am assuming my child passes the EEA Reg test.

If this is correct, applies in our situation, and my wife enters on this kind of visa, and then after a couple of years I enter, can the time in the UK already spent count in some way?

As for settlement, I do recall a Russian spouse moving to the UK to get nationaility, leaving husband in Russia.

More views very welcome