An application at the discretion of the SoS can be made pursuant to section 3(1) BNA 1981. A clear intention to remain in the UK is expected. See guidance -
https://www.gov.uk/government/publicati ... y-guidance
If the child has not been resident in the UK for a specified period (below), the application will likely be refused, this is less likely an issue for you as your child is under 13.
Children under 13
The length of residence in the UK is less important where the child is under the age of 13. If you are satisfied that their future lies in the UK and that registration is otherwise appropriate you do not need to take into account the length of residence.
Children aged 13 or over
A child aged 13 or over should normally have completed at least 2 years residence in the UK before being registered.
Where a child was aged 16 or over when they arrived in the UK, you should normally refuse an application to register them as they will have had too short a period to establish personal connections with this country at a time when their future plans are unclear. However, each case must be considered on its individual merits and a child in these circumstances may be registered if there are grounds for doing so.
Please note also:
You should normally accept that a child’s future lies in the UK where this is stated in their application unless there is information to cast doubt on this, such as:
•
the child, or one or both of their parents, has recently left the UK for a period of more than 6 months
• the child is about to leave the UK
• one or both parents are resident abroad
Where you have reason to doubt a child’s future lies in the UK you must seek further clarification before refusing the application. If you are still not satisfied that the child’s future is in the UK you should refuse the application.
