visa for my wife and baby

[oliver1977]

Hello,
I am a British citizen since 2005 when I was granted nationality based my mother being British. I have been living in the UK since 2005. My wife, who is a Serbian citizen, and I got married in 2008.
When she applied for her last visa in the UK, she was told that she had the right to apply for UK citizenship. This is what we done after the visa was about to expire. She was refused and a letter posted explaining that she should have applied for ILR in the UK first. The office in Belfast gave us the wrong info, or the law changed in the meatime.
Anyway, my pregnant wife, then returned to her home in Montenegro, because her visa was just about to expire and did not want to remain illegaly in the UK. This was December of 2012.
Our baby was born in JUne of 2013 in MOntenegro. Now I am here in Montenegro with my wife and newborn David and we would all like to return to the UK.
Please, can someone kindly advise me to what visa I need for my wife and David.
Many thanks, Oliver

[Amber]

Did your spouse apply as the spouse of settled person and was given 27 month leave to enter? If so, she should have applied for settlement (ILR) on form SET(M).

Where were you born? Were you registered as British before you turned 18?

[oliver1977]

My wife applied as a spouse of a settled person and was given a RESIDENCE PERMIT , type of permit: spouse/partner leave to remain, valid for 2 years.
I know that she should have applied for ILR... Now, this can not be done from outside of the UK.
I was born in Montenegro and was not regeistered as a British citizen before the age of 18, only granted nationality in 2005.
Many thanks, Oliver

[Amber]

Do you mean your Mother was British otherwise than by descent and you merely applied for a British Passport in 2005?

[oliver1977]

Yes, Amber, this is right.
My mother is British otherwise than by descent. That side of my family is English.
In 2005 I applied for citizenship and was accepted.

[Amber]

So you are British by descent as not born in the UK or QT or were you born before 1983 and needed to register as British?

[oliver1977]

Yes, I am British by descent and was born before 1983. In 2005 I was registered as British wnd was given citizenship.

[Amber]

Ok so you were registered under section 4C and became a British citizen by descent.

Therefore, your child has no British status. But may be entitled to register (assuming you've been in the UK, 3 or more years) as British by virtue of section 3(2) abroad/in UK or more favorably section 3(5) if you could get the child to the UK for 3 years.

3(2) makes child British by descent and 3(5) British otherwise than by descent (hence why I said more favorable).

Your spouse should still be eligible to settle as has completed the 2 year probationary period.

[oliver1977]

One last thing: What type of visa would you recommend for my wife and child to be able to re-join me in the UK?
Does my baby need a passport, or will his visa be on his mothers passport?
Thank you very much, Amber