British citizenship by birth

[Jenev]

Dear Sir/Madame,

My situation is the following. My husband has 2 citizenships: Germany and Russia, and permanent residence in the UK. I have only Russian citizenship and currently living on EU spouse visa.

Our 11 month child was born in the UK. The questions are:

1. Does our child have British citizenship by birth and if so does my husband need my written consent to get it?
2. My spouse visa expires on Dec 2021. What happens with it if I do not register settled status before the end of this year? Will it be cancelled? Will I be deported?

PS The reason I am asking is that my husband is threatening me to take the child away from me. This is why he desperately needs British passport for the child and looking to get it without my consent...

[secret.simon]

If your husband has proof that he acquired permanent residence before the birth of the child, then yes, your child is a British citizen from birth.

[obormot]

Your child IS already UK citizen (as long as your husband obtained PR before his birth)
If a child is UK citizen, then one parent can apply for UK passport, and they do not need a consent from another parent. (They will need to send to passport office child photo, child birth certificate, child foreign passports, and proof of their PR acquired before child birth - probably also marriage certificate of parents, though I think not)

You should try to apply for pre-settled status (or settled if you were in UK for 5 years already). You have until end of June 2020 to do it, otherwise your legal status in UK might be in danger.
But since your status is derivative from your husband you most probably will need his documents to do so.
Note that there are also alternative ways to apply for pre-settled status (if your relationship goes bad):
- retained rights of residence (if you divorce)
- as a primary carer of UK or EU child (for that you just need to be child's legal guardian and provide "day to day care") - note that here it might be actually better for you if your child in UK citizen (does he have German passport now? Or only Russian one?)
-

[Jenev]

The baby does not have any documents yet since my husband unlawfully refuse to grant him Russian passport and that is why i do not want to give my consent to the british one... The problem is that once he received the British passport for our oldest son he hided it from me and i have never seen it for the past 4 years. It is abducticting the child taking him to travel without my consent.

[Jenev]

This can't be like this! There should be some way to stop hom doing it!

[vinny]

See also International parental child abduction.

[obormot]

To get a russian passport for the child you also do not need to get consent of two parents.
You would need your husband's agreement to get him Russian CITIZENSHIP - in case the child would not have one. However, since BOTH you and your husband have Russian citizenship, your children are automatically Russian citizens by birth, no matter where they were born.
The only issue might be that the russian consulate might need a proof of your husband's russian citizenship in order to issue a passport to the child..

[obormot]

Ah, and actually, yes: your husband does not need your consent to apply for child's UK passport, but you can STOP him from getting child's UK passport by calling Passport Office (and you might also be able to cancel existing child's UK passport that way too, though here I am less sure)

[Jenev]

Dear Obormot, thank you!

Yes, Russians do not need my husband's consent and I proved that he is Russian citizen by presenting his Internal Russian passport but they requested also his Foreigh russian passport. For the passed 11 months I was exchanging emails with Russian Burocratic Authority and this is exactly what made my husband feel that he is powerful so he can do everything in this life. I do respect that my kids are British citizens but I do not want my husband use it as an excuse to manipulate by this fact!

Thank you for your help, appreciate it!