Non-EU spouse to settle with British children

[moveuk]

Although married in UK, my wife and I have always lived overseas due to my career. She is a Non-EU national, I am a British National. We have two children that are about to enter secondary education and have made the decision that they need to be in UK at this stage in their education, and it is also time that they spent time around the family (my wife's immediate family, parent and siblings, are settled in UK). The children are now in school in UK. My wife is there on a 12 months multiple visit visa, living in our own property. I am still employed overseas and do not know at what stage I will return to UK myself. To obtain settlement as a spouse appears to be problematic, as I am not 'present and settled'. 'Parent of a Child' is looking to be the best option currently. Clearly, I could give up my career and return to UK immediately, but that would put us in an untenable financial position, as I would be relinquishing my income stream. Anyone have any advice on this type of case? Which route to take? Also, how can we achieve this without her exiting UK? Many thanks in advance. It's a minefield of 'grey'!

[Amber]

What Country are you working in?

See also, Guidance on Exception 1 (click) for family l life leave (10 year route to settlement). Though bear EX.1(a)(ii) in mind "it would not be reasonable to expect the child to leave the UK" given that you are not in the UK.

[moveuk]

I am actually working in a Non-EU Country, that is also NOT the country of origin of my wife. Playing 'devils advocate', why can the UKBA not respond with 'well just go back with the kids and live in the country you were in before' ?Clearly, removing the children again would be unsettling, but is it a reason not to refuse. Also, as my wife is on a visit visa, how deos she apply from within UK, and what is the alternative? She goes to a country in which she has a Right of Abode, and makes and Article 8 application from there? Again, problematic for the children as they are settled in school in UK.

[Amber]

What Country is your wife Native?

[moveuk]

She is Non-EU (SE Asia). I am also working in SE Asia. I don't see any conditions according to nationality/region (other than EU, of course). Are there any?

[Amber]

I am trying to establish whether she can claim public funds but you have still not told me which Country she is native, I do not know why you are dodging the question.

Have you read the link for the EX 1 guide it clearly states at 7 that:

Save in cases involving criminality it will not be possible to take a decision in
relation to the parent of a British citizen child where the effect of that decision would
be to force the British citizen child to leave the EU – this is consistent with the ECJ
judgement in Zambrano.

[moveuk]

LOL ... am not dodging, just being selective. She's from the Philippines, and is not entitled recourse to Public Funds, as far as I am aware. The finacial criteria (for Spouse visa) can be met, but I don't feel that's the issue here. I think the key issues are a) 'present and settled', as I am still overseas at the moment, so is 'Spouse' the best option and b) how we can apply without my wife having to exit UK, pull the kids from school etc.
Appreciate the engagement by the way. Good to have someone to talk this through with that has knowledge in the subject.

[Amber]

To apply as a spouse of a settled person/British, this can (and in your spouse's case must) be done abroad, and can be done without you being here, so long as you have a job offer for within 3 months of your return and meet the other requisites of the financial requirement alternatively, if you have substantial savings that could suffice. Consider the EEA route also. If she doesn't want/can't leave the UK then FLR(O) and exception 1 may be the answer.

The Philippines have certain reciprocal social security agreements with the UK that may be of interest.