10 year long residency - Child born outside UK

[VGoodman]

Hello there helpful souls,

Myself and my wife qualifies for ILR through 10 year long residency by end of September. We have three children and the younger two were born here in the UK. But our eldest child was only 18 months by the time we arrived here and she also completes 10 year residency at the same time as us. She's just few months shy of 12 now.
I have read all the relevant guidance papers and come to the understanding two children born in the UK are eligible for registration through section 1(3) - MN1, provided our ILR applications are successful. But I haven't come across any clear criteria for my eldest child born outside UK who has lived here for 10 years.

Any advice on the above issue is greatly appreciated.

many thanks

[Amber]

I would imagine that discretion would be used in light of the other two children being entitled to be registered as British and the parents being settled. In light of R (on the application of FI by his litigation friend GI) v SSHD [2014] EWHC 2287 (Admin), a refusal would likely be quashed. If you do apply for the eldest child under section 3(1) [by discretion] do cite the case.

[VGoodman]

Amber, Thank you so much for your kindness and valuable information.

Other than for citizenship through entitlement and discretion (MN1), Is there any other criteria you can suggest please.

For an example I have come across information related to 7 year continuous stay, but it is not clear how the child qualifies for registration.

many thanks again

[Amber]

That's not applicable to nationality.