Spouse Visa application for applicant in UK on tourist visa

[DavidTeacher]

Hi,
I am a British citizen working in the UK earning over the MIR. My family have just moved to the UK from South Korea. We have two kids, ages 2 and 5 (he's just started school), who have dual nationality. My Korean wife is here on a tourist visa, and the plan was for her to go back to Korea before her 6 months are up, take the kids with her (as I couldn't look after them on my own and continue to work) and apply for her spouse visa there. However, I have been reading about Article 8 appeals etc and am looking for any advice as to whether we could apply from in the UK, citing taking my son out of school and separating the family as being in contravention of Article 8. Any advice, opinions or information on the chances of this being successful, or what we would actually have to do to make this work, if possible, would be greatly appreciated.
Thanks.

[Casa]

If you apply under Article 8, be prepared for a long and very bumpy path with no guarantee of success. Even if your wife is eventually granted a Discretionary Leave visa, this would be a 10 year path to settlement.

The Case Worker may take the view that you could all settle as a family outside of the UK as your children haven't been here long enough to have established a life here and are both of the age where they could easily adapt to living in Korea. Even more so as they have only recently arrived in the UK.

The decision could take 12 months or more and your wife will be unable to travel during this time as the HO will retain her passport.

[DavidTeacher]

Okay thanks for your quick reply. I wasn't really expecting to get good news I guess, but wanted to rule out the possibility before going through with splitting the family and taking my son out of school.
Thanks again,
David

[Casa]

Okay thanks for your quick reply. I wasn't really expecting to get good news I guess, but wanted to rule out the possibility before going through with splitting the family and taking my son out of school.
Thanks again,
David

As long as you meet all the requirements for a Spouse visa, it should be a much quicker and smoother route for your wife to settle in the UK.

Ensure you submit all the necessary financial documents, evidence of a subsisting relationship, proof of adequate accommodation, and that your wife has passed the UKVI approved A1 English test. The test could be taken while she is here in the UK.