BC Application (Non-Declaration Issue)

[hikz]

Hi Everybody,
I would like to thank everybody who answered any previous queries of mine. I pop up every year or 2 on this forum which I actually love and most of the times I just read the topics without posting, however recently I have come across a thread which really made me concerned about my application.

I will share with you my journey very briefly so you can understand my issue better.

I was taken away by immigration in 2010 for overstaying where I immediately applied for asylum. My asylum case was initially refused by the HO but then granted in January 2011.
I applied for my ILR in 2016, and it took 4 months where it was issued without any problems (I declared all my offences that were motoring offences where the last one was in 2012 and I was young in age, so the solicitor stated that.

I wanted to apply in 2017 for my BC, and I did post a few questions on this forum as I heard that there was apparently a new 10 year law in place where you should not have broke any immigration rules and it applied to me as I overstayed my visa for around 2-4 months between 2009 and 2010. One person I knew had a similar issue and his application was refused and was told to reapply after the 10 years period has lapsed. Hence I decided to wait until March 2020, as Immigration took me away in march 2010 and I was signing at an immigration centre following my detention for a month and a half until I received my 5 years leave to remain in January 2011.

In 2016 I was moving houses, I went to borrow my friend's van after midnight and I lived with him a year before that so I knew there was no parking restrictions. Anyway I received a parking ticket at 2am after midnight lol and I challenged it (private company) then never heard from them. I was advised by a friend to do mail redirection and when I did I received the Court summons for a CCJ on the very same day the court was held. It was a long process to apply for setting aside the judgement and I was very busy at work. So I just paid the amount in full August 2017.

I was married and me and my ex-wife did not end out marriage on good terms (marriage isn't registered or anything/religious marriage). Emotions were very high at the initial stage, I was asking to see the kids, so she applied for a non-molestation order which was dismissed once I sat before a judge. It was a small room with just one lady so I am not sure if it was a judge but it was dismissed. That was summer 2018.

Then, in 2019 I was shocked in January to receive a court summons as my ex-wife applied for a prohibited steps order stating I am planning to take the children away to a different country and all what the order was based on is her fears of me taking the kids away, I challenged it and we went to court and she had solicitor's representing her as she claiked DV to get free legal representation which unfortunately a lot of women do and she referred to the incident where she called the Police on me on the last day we were together to remove me from the property.
Anyway, the judge upheld the order of supervised contact in fear of me taking away the children as I apparently did not present enough evidence to prove otherwise and it was merely based on the fact I was not born in England.
The order was for a year commencing from August 2019 and it ran out. Me and the mother of the children now have a very good relationship and will possibly be reunited.

I applied online for my BC and paid on the 26th of May 2020. Every single day I would check for appointments with this new agency they hired and there was none. I kept calling them, sending them message online and I was told there will be a new app service and I am eligible. The very same day they sent me the email for the app service I really wanted an appointmebt to make sure it goes smoothly, and luckily I found one in 2 days. I uploaded my documents and went there and submitted everything.

Now I have a few issues and questions.

I did not declare anything about my civil matters, there was never a conviction, it was over contact with my children, non-molestation order was never upheld and was dismissed, prohibited steps order has lapsed and it was due to fears of me taking the kids away to the very same country I ran away from as a child and I will be in imminent and serious danger if I step a foot into. Also, when I was asked to attend the Police station for the DV issue and calling my ex I was not charged and it was dismissed and the Police according to the mother of the children told her that she should not be trying to get me into trouble and they thought of the matter as 2 people wanting to get at each other.
I was shocked here to see that someone had a slightly difderent yet similar situation and he was hit with a 10 year ban, yet I also read about people not declaring it and their applications hoing smoothly and being accepted, so what is the deal with this and would you advise me to do?

The money was taken on the 26th of May just when I fully submitted my application and due to COVID-19 I only managed to get an appointment int he beginning of September, I received a confirmation letter from the home office just after sending it via the agency, does that mean all that time would not count towards my application? They sent me a generic email of how it would take up to 6 months bla bla bla. What is the situation with that?

I have sent a long personal statement and a few supporting letters from charities and people, would that help in my application?

My last motoring offence is from august 2012. I had a few from 2011 till 2012 driving uninsured a couple of times, no license, obstructing Police officer and I never did it again I was young and stupid. The CCJ was die to change of address and it was satisfied in 2017 and it was for a 100 pounds only. How likely are they to refuse the application based on that, and if they do so what would be next do they give me a period of 3 years or indefinite refusal?

I am a professional boxer and I have to fight abroad a lot, I have a massove issue with my teeth and in the UK they'd cost me 18k lol, so I want to go Turkey to do them for like a week. I have a 3 days from the 90 days left for my travel, how can I travel and am I allowed to travel while my application is being processed?

And yeah in case you haven't realised it yet, I am really anxious and cannot stop thinking for one second.

I am extremely sorry for the very long post which was meant to be short and brief, if you read it all thank you, you're a star and I would really appreciate if admins and those who might have had a similar situation could help as I am really thinking non stop of it. C001 and Casa dont kill me lol.

[CULLINAN]

I am a professional boxer and I have to fight abroad a lot, I have a massove issue with my teeth and in the UK they'd cost me 18k lol, so I want to go Turkey to do them for like a week. I have a 3 days from the 90 days left for my travel, how can I travel and am I allowed to travel while my application is being processed?

Date of application is the date you pay and submit your application online. Biometrics date/documents upload date is irrelevant. You ONLY become British when you attend the ceremony. You are free to travel before that on your ILR. You only have to meet the residence requirements on the date of application not after.

They sent me a generic email of how it would take up to 6 months bla bla bla. What is the situation with that?

This is a generic email many receive. Every case is based on its own merits. It can take less or more time depending on the complexity involved.

[hikz]

Hey, thank you for the response. I was unaware of the process. So when I finished my application on the 26th of May and paid, I was taken to the page where it said book an appointment and do the referee thing. I only uploaded my documents 2 days before the appointment so in September as I was requested to do so 2 days prior to the appointment
For all that period of time there was no available appointments due to COVID-19. So was my application not complete until the upload on the UKVCAS? Also the email they sent of the submission confirmation was only after attending the appointment to check my documents, scan them and take photos (idk what for). So I was under the impression from their email that the 6 .onths period starts now and not from.when they took out the money

[CULLINAN]

There is a long running thread on biometrics delay:

https://www.immigrationboards.com/briti ... 99581.html

Due to corona, the UKVCAS centres were closed since March. They only reopened on June 1st and since then have had a phased reopening of biometrics.

They have introduced a new IDV app to counter the backlog also.

You applied in May. But you submitted your biometrics and documents in Sep due to that backlog.

Recently, HO seems to make very quick decisions after submitting biometrics though. But every case is different and processed on its own merit so you must wait to hear back.

Also follow the UKVCAS for backlog updates:

https://www.ukvcas.co.uk/flash-message- ... geId=74833

Also you may want to read the good character requirements:

https://assets.publishing.service.gov.u ... idance.pdf

[hikz]

Thank You. I will go through that thread. I just wana clarify one thing. Is filling out the application and paying without uploading documents online considered a full submission or the application is deemed incomplete? I always had the option of uploading the documents although appointments weren't available but I was ignorant of the process and really wanted someone to check it so did not upload anything until I secured an appointment.

I was sent an email about the app, then was identified as someone who is eligible for it. That very same day or 2 days after, I finally found an appointment in September so I booked it and went. The email I received yesterday said my application has been submitted so I am under the impression that the HO deems it that it was only Submitted in September and not May. Am I right or wrong?

[hikz]

Also, I have read the Good Character Requirements over maybe 3 times in the past few years, I am obsessed with the matter due to my anxiety. And I was never able to understand the bit about civil matter. It just feels I am jeopardising my own application for nothing. I hope you could share any opinions you kight have based on what I said in my post. I very much appreciate your help

[CULLINAN]

Thank You. I will go through that thread. I just wana clarify one thing. Is filling out the application and paying without uploading documents online considered a full submission or the application is deemed incomplete? I always had the option of uploading the documents although appointments weren't available but I was ignorant of the process and really wanted someone to check it so did not upload anything until I secured an appointment.

I was sent an email about the app, then was identified as someone who is eligible for it. That very same day or 2 days after, I finally found an appointment in September so I booked it and went. The email I received yesterday said my application has been submitted so I am under the impression that the HO deems it that it was only Submitted in September and not May. Am I right or wrong?

The best approach would have been to submit your documents to UKVI using the new feature that was launched on 10th July even before biometrics. Probably UKVI is doing some sort of processing even before biometrics so you could have saved some time.

[CULLINAN]

Also, I have read the Good Character Requirements over maybe 3 times in the past few years, I am obsessed with the matter due to my anxiety. And I was never able to understand the bit about civil matter. It just feels I am jeopardising my own application for nothing. I hope you could share any opinions you kight have based on what I said in my post. I very much appreciate your help

It is always best to disclose as much truthfully. If you meet the thresholds and apply after that e.g. if you are convicted for drink driving and apply 3 years after that, it will not jeopardise your case. But truthfulness is the key. You do not want to be caught for deception in the worst case.