Mwoll

Hi all! I've read the rules and the sticky and I don't see an answer to my question, though it may be a fairly basic one for you all.
So I've just discovered (the expensive way) that my son is not eligible for British Citizenship. I have British Citizenship by descent as I was born in the USA, so I can't pass citizenship on to him. Ever since I got pregnant my British family members have been insisting he would be automatically eligible, so I never bothered to double check before applying for a passport for him. Got the rejection letter today, and I was pretty upset.
I'm getting kind of overwhelmed by the UK Immigration .gov website and I hoped someone here might be able to clarify for me.
I am a British Citizen. My husband and son are US citizens only.
The language used to describe the Family Visa says it is used to "join" a British Citizen parent/spouse in the UK. Is this still the right visa to apply for if we are trying to move back all at the same time, or do I need to go first and establish a permanent residency?
Sorry if that's a silly question, I just missed one very obvious point already by assuming. I appreciate your help!

BritInParis

How much time have you spent in the UK?

Mwoll

Hi! Thanks for your response, I lived there from age 3 - 11. I have been back to visit since, but it has been about 15 years since I was last a permanent resident.

BritInParis

In that case you have two options. You can either register your son now as a British citizen by descent under S.3(2) BNA 1981 or you can add him as a dependant to your husband’s spouse visa application and register him as a British citizen otherwise than by descent under S.3(5) BNA 1981. The benefit of the latter option is that he will be able to pass on his British citizenship to his own children wherever they are born. The former option would only allow his children to be British if they were born in the UK (unless the other parent was British otherwise than by descent).