I dont fit neatly into a senario

[yellowelise]

Hi I'm having difficulty understanding which application I should make.

I am 17 (18 next week)
My mother is Spanish
My father was Zimbabwean when I was born
I was born in London in 2000
in 2003 both my dad and me were granted indefinate leave to remain
in 2005 my mum got me spanish citizenship and took me back to spain to finish my schooling
I returned regulary to the UK with my dad in holidays and lived with him in london
My dad became british in 2006
My mum and dad got divorced in 2011 (they no longer speak)
I have now finished school and have come to live in UK permanently with my dad and hopefully go to college

Two questions,
I dont seem to fit neatly in to one of the senarios on the gov web site for becoming british, what do i need to do to apply for british citizenship.
secondly how does my senario above affect my right to go to college here in the UK?

[rashmani]

You delayed ur question. U have one week to apply for citizenship by descent. Do so immediately. You can still apply. before ur 18th birthday. MN form is to be filled and sent out. Do not delay. It has to be received by HO before ur 18th birthday.

[yellowelise]

Thanks for the reply but I am confused
I was told by the home office on the phone I don't meet the criteria for by descent as my mother and my dad were not British at the time I was born?

[Mark420]

You have just one week to apply. Apply it as soon as possible using MN1 register as a British citizen child:

You still have the chance to succeed:

Any other child born to British or non-British parents
It is not possible to cover all circumstances under which the Home Secretary might exercise discretion in circumstances not already described in this guide. However, in considering any application not specifically covered above consideration will be given to:
 the child’s connections with the UK – we would expect the child to be free of any restrictions on their stay in the UK
 where the child’s future is likely to lie
 the parents’ views
 the parents’ nationality and immigration status – we expect either both parents
to be British citizens or one parent a British citizen and the other parent settled
in the UK
 whether the child is of good character
 the length of time the child has lived in the UK – we expect at least 2 years residence (particularly if the child is over the age of 13)
 any compelling circumstances
The way that discretion may be exercised is described in the Nationality Staff Instructions available for viewing on the Gov.uk website. These guidance documents used by trained nationality caseworkers and do not constitute a definitive set of criteria for registration. They must be taken as a whole. The fact that children may satisfy certain criteria does not mean they will be registered if there are other criteria that they do not satisfy.



Try it there is a chance and write one letter explaining your connection to the UK and your dad should mention that he has sole the responsibility of of your upbringing. And your dad should sign it.

[secret.simon]

I am 17 (18 next week)
...
I was born in London in 2000
in 2003 both my dad and me were granted indefinate leave to remain

These are the important bits. As you were born in the UK AND at least one parent had acquired settled status (your father's ILR), you are entitled (i.e. cannot be refused, except for good character and residence requirements) to be registered as a British citizen before your 18th birthday.

You will need to submit proof of your father's ILR (his old passport with the ILR stamp/vignette) and your birth certificate (to prove that you were born in the UK).

Your entitlement lasts only till your 18th birthday. After that, you will have to apply for naturalisation at discretion in your own right, with much tougher requirements (absences, physical presence, LITUK test, English test, etc) assuming that your ILR is still valid (no absences from the UK for more than two years).

Submit the MN1 application asap so that it gets to the Home Office before your 18th birthday. Provided it reaches the Home Office before your 18th birthday, your entitlement to register is still valid.