Visas and Dismissed Charges

Hi,

I know similar questions have been asked, so I think I already know the answer, but I am looking for some reassurance from others who have been through similar things.

I will (hopefully!) be moving to the UK for work (company sponsoring a Tier 2 visa; also note that I do not work in health/social/education because that seems to be a bit stricter).  Filling out the visa information, I have tried to be very careful not to make any mistakes.  One question is causing me a lot of anxiety though:  "Have you ever been arrested, cited, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance, including offenses involving alcohol intoxication?"

In 2011 (so 8 years ago), I was cited (I think cited is the right legal jargon) for a minor in possession (alcohol).  I went to a pre-trial court  appearance (think that is the right terminology) and it was "dismissed by party" (as far as I can tell this just means it was dismissed; there were no additional strings attached like service or classes).  I *think* this counts as a charge, though I don't think it counts as a conviction.  At the same time, I did receive a civil infraction for having alcohol in public.  In the US, I would not consider this a charge or conviction (as it is not considered a misdemeanor or felony), but given the wording of the above question I would call this both a charge and a conviction.  At the time I was told the civil infraction was "like a traffic ticket". 

From what I have read, I should definitely disclose this and consult the people working with me on my visa.  I was looking for reassurance on how this might impact my visa application, and if anyone else had gone through anything similar.

Thank you for helping me a bit with my anxiety.

Welcome to the forum .

Definitely disclose it, and include any paperwork you have from it. I would also include a copy of your police/criminal record as well (i.e. to show there’s nothing on it).

It will not affect your visa application, because they can only refuse the visa based on criminality if:
1) it was an actual criminal conviction (resulting in a criminal record)
And
2) it happened in the last 12 months before applying for the visa

As it happened 8 years ago and does not appear to be a criminal conviction, then it should not be an issue - you’re just disclosing it to be honest and to show you’re not hiding anything.


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Hi,

I know similar questions have been asked, so I think I already know the answer, but I am looking for some reassurance from others who have been through similar things.

I will (hopefully!) be moving to the UK for work (company sponsoring a Tier 2 visa; also note that I do not work in health/social/education because that seems to be a bit stricter).  Filling out the visa information, I have tried to be very careful not to make any mistakes.  One question is causing me a lot of anxiety though:  "Have you ever been arrested, cited, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance, including offenses involving alcohol intoxication?"

In 2011 (so 8 years ago), I was cited (I think cited is the right legal jargon) for a minor in possession (alcohol).  I went to a pre-trial court  appearance (think that is the right terminology) and it was "dismissed by party" (as far as I can tell this just means it was dismissed; there were no additional strings attached like service or classes).  I *think* this counts as a charge, though I don't think it counts as a conviction.  At the same time, I did receive a civil infraction for having alcohol in public.  In the US, I would not consider this a charge or conviction (as it is not considered a misdemeanor or felony), but given the wording of the above question I would call this both a charge and a conviction.  At the time I was told the civil infraction was "like a traffic ticket". 

From what I have read, I should definitely disclose this and consult the people working with me on my visa.  I was looking for reassurance on how this might impact my visa application, and if anyone else had gone through anything similar.

Thank you for helping me a bit with my anxiety.

I had exactly the same charge in my past, and it was also dismissed when I made my court appearance.  I disclosed it because the application asked if I'd been charged, and that's a definite yes.

Thank you so much to ksand24 and jfkimberly for your help!

I wanted to reply and let you know my visa (tier 2 work visa) was accepted! 

Congratulations! 

Congratulations!   

Thank you so much to ksand24 and jfkimberly for your help!

I wanted to reply and let you know my visa (tier 2 work visa) was accepted!

Yay!  Congratulations!