Tier 2 general extension - Arrested - NOT CHARGED

[vaisakhamol]

Hello Everyone,

I am currently on a Tier 2 General VISA in UK and due for an extension in the next few months. I have the following query regarding my application, which I was wondering if the forum could help me with.

1) I was arrested on October 2016 for driving under the influence of alchohol, but was released immediately as the breath test in the police station came out negative. I was not charged or issued a caution/warning (Confirmed using SAR (PNC) report). Now my question is, should I mention my arrest in the application form as I was not charged at all (No further action)?

2) I was convicted in January last year for MS90 - Failure to provide driving information. This happened because I moved house for work and forgot to update my V5C address. As a consequence, never received any of the correspondence from the police and was convicted in my absence.I Did not appeal because I was told by a solicitor that the changes of getting it overturn is close to none and as a citizen its my responsibility to update the address; also the time limit has passed. Fair enough.

Now, I have read in different places that MS90 is a non recordable offence (Confirmed as by SAR - PNC report did not show it). My question is will this cause a problem with my application under the grounds for refusal?. My understanding is that the current rule for refusal is if the applicant has a conviction with in the last 24 months which is recorded on the criminal record. Please confirm

I look forward to the responses from the knowledgable forum.

Thanks in advance.

[Alex2003]

Hello,

I hope you have managed to resolve the issue.

I am in a similar situation, and I was wondering if you would let me know what you did and how it turned out.