Thank you Simon.
Pg28 'Children with settlement and residence' (Caseworker guidance) is an interesting read and covers exactly the scenario we are in.
Having read this, I am seemingly confident that the HO should, under 3(1) discretion, register my child as BC.
You must normally register where:
• the child has completed a period of lawful residence in the UK of more than 5
years --> Has been in the UK lawfully for over 10 years
• the child has been granted settled status in the UK, and held that status for at
least 12 months (if an earlier application is made you must consider whether
there are compelling grounds to overlook this expectation, taking into account
the reasons for exercising discretion over time spent in the UK when subject to
immigration time restrictions in the naturalisation guidance) --> ILR granted Aprl'22 so we will have to wait until Apr'23
• the child’s parents have completed a period of 5 years residence and are settled
in the UK --> Both parents have settled status(ILR) and have been in the UK lawfully for over 10 years
• the child is of good character --> Yes. No convictions/criminal record
• where necessary both parents consent to the registration or any objections by
the non-applying parent are ill founded --> Yes, we will
• there is no reason to refuse on character grounds --> Same as Good Character requirement
I should also mention that the younger sibling was born in the UK and was registered as BC in Nov'21.
Thank you.