british passport for a EEA child born in the uk

[Polishbaby]

Hello I wonder whether I could get some advice. We would like to apply to register our 4month old baby My partner is an EEA national working as a doctor but not for longer than 5years and does not have Ilr. He's applied for registration certificate as a qualified person as advised esp with Brexit and unsure how this would affect him. Our child was born in U.K. We are likely taking a chance as he's not been here for 5years BUT we have settled here in UK (due to jobs). So I wonder whether we can still apply under section 1 (3)? Or would we be better off applying under section 3 (1) and leave that at discretion of home office? What documents would we need to send with application?
Thank you

[vinny]

No. Less than 5 years residing under the EEA regulations is not considered as settled yet.

[Polishbaby]

Thanks for response. What about applying under section 3(1)?

[vinny]

Probably difficult.