Can my British husband apply to register our son as British

[Elenamallorca]

Hello,

I would like to know if my British husband can apply to register our child as British citizen if the child does not have his own passport?
The child is on my non-EU passport that is currently with Home office as part of Permanent Residence application, which is very likely to be refused. And it is the case, I believe, Home office does not return passports until they kick you out.
I contacted my embassy and was told that I need my passport to apply for child's.

Any advice would be greatly appreciated.

[CR001]

Where was child born?

What is your current visa status and route? PR = EU rules route and ILR = UK Immigration route, i.e. spouse visa. Asking as you state your husband is British.

Why do you believe your application will be refused?

[secret.simon]

Where was the child born?

How old is the child?

How many years has he resided in the UK?

Does s/he have any British siblings?

Generally, children born outside the UK are only registered if both parents are at least settled in the UK (have ILR/PR), though there has been a recent case of a child being registered in spite of the mother not being settled because all the rest of the family were British citizens and the child had spent many years in the UK.

[noajthan]

Child born in Spain so normally needs to be settled; will be a section 3(1) discretionary case.

Child cannot be registered until mom's status is clarified and is at least settled and planning to naturalise.

http://www.immigrationboards.com/eea-ro ... l#p1433731

[Elenamallorca]

Child is 10 years old, born in Spain. We've been living in the UK since May 2011 under EEA regulation (non-EU family members). We got married in 2014. I have read this on Home Office web-site and couldn't see anything about mothers status:

https://www.gov.uk/government/publicati ... n-form-ukf

[noajthan]

Child is 10 years old, born in Spain. We've been living in the UK since May 2011 under EEA regulation (non-EU family members). We got married in 2014. I have read this on Home Office web-site and couldn't see anything about mothers status:

https://www.gov.uk/government/publicati ... n-form-ukf

I hadn't understood child is your joint child; with a question about registration I was referring to a stepchild (and thought you were too).

Is father British other than by descent?
Were you (parents) married at date of birth?
If not, in which month was child born? (in 2006).

My understanding is child is British (by descent) if parents were married or if child was born in or after July; in that case, just apply for passport.

[Elenamallorca]

Also this:

2. British citizenship by descent
British citizenship may descend to one generation born abroad. So a child born
abroad to a parent who is British otherwise than by descent will automatically be
British by descent.
The exception is
 A child born before 1 July 2006 to a British father and non-British mother who
were not married. The child will be able to apply for registration under section
4G using form UKF.

[Elenamallorca]

Yes, my husband is the natural father. Unfortunately our son was born in April 2006.

[Elenamallorca]

And my husband is English, born in UK.

[Elenamallorca]

Sorry, rushed a bit. We were not married at the time of birth, but are married now (got married in the UK in 2014).

[vinny]

It's probable that your child is automatically British.