First British passport application refused

[KseniyaS]

Good morning, after two weeks of not making any progress I so hope, yet again, to get advise from you guys. Thank you in advance !

My husband of 10 years was born to British father abroad in 1960. I am Ukrainian. Our son Daniel was born in 2014 in Thailand. 

Daniels British passport application was refused in May 2017. Reason : his father is British by descent. 

Passport office referred us to Home Office and Home Office said they can't help, call passport office. .. for two weeks now.

My husband is in the UK and we are still in Thailand.

Is Mn1 or ILR for a child a right way forward?
Thank you so much !

[vinny]

What was your husband's father's job when your husband was born?
Where was your husband's father born?

Has your husband lived in the UK for at least 3 continuous years at any time prior to your son's birth?

[KseniyaS]

Vinny, my husbands dad was born in the UK, he worked as an engeneer for a civil company, my husband lived full time in the uk all his life , he is 56, last 6 years we lived in Thailand. Thank you for replying!

[vinny]

Are there plans for you all to go and settle in the UK?

[vinny]

Child is entitled to register.

There may be two paths.

1. Both you and child apply for 33-month settlement visas. Extend leave after 30 months in UK. Child entitled to register after 3 years in the UK under Section 3(5).

2. Child entitled to register under Section 3(2) now.

In the former case, child will be British otherwise than by descent.
In the latter case, child will be British by descent.

[KseniyaS]

My husband moved back to London a year ago, I was granted uk ILR in 2009 but we moved to Thailand in 2010. As soon as my visa is sorted ( re entry or new spouse ) and our son gets his passport we will join my husband.

[vinny]

Don't forget to also show subsisting marriage when applying for your spouse visa.

[KseniyaS]

Vinni, my husband can't yet provide 12 months worth of proof of income so settelement is not an option. It seems MN1 is the way forward. I just don't understand why the home office didn't advice nor did the passport office to apply via Mn1. One Lawer told us our mn1 will be refused and gave no reasons as to why. Thus my post here.

[vinny]

If your husband lived full time for at least 3 years in the UK at any time prior to his child's birth, then his child is entitled to register under Section 3(2). There's no discretion for them to refuse.