Applying with an arrest

[hopefulUKstudent]

Hello, I am applying to study in the UK, but last month I was arrested due to my presence in the passenger seat of a vehicle with weed inside. My friend was driving the car and had weed, unbeknown to me, but unfortunately I was arrested just for being in the car. I have not been and will not be convicted of this misdemeanor. I am participating in a diversionary program that consists of community service which will ultimately result in the charges being expunged and dismissed. Does anyone know if this is ground for refusal of my application? I would hate for this unfortunate event to ruin my plans for university.

[sah10406]

Does anyone know if this is ground for refusal of my application?

It is a discretionary (not mandatory) refusal under paragraph 320(18A) of the Immigration Rules:

Grounds on which entry clearance or leave to enter the United Kingdom should normally be refused

(18A) within the 12 months prior to the date on which the application is decided, the person has been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record;


https://www.gov.uk/guidance/immigration ... or-refusal

See also section 3 of this guidance for Entry Clearance Officers:

https://www.gov.uk/government/publicati ... riminality

You can either make a case for discretion to not refuse the application, or postpone your application for 12 months.