Who will need to provide a criminal record?

If you would like to apply for a Tier 1 (Investor) visa or Tier 2 (General) Entry Clearance, you might be required to provide evidence of a criminal record.

What is a certificate of criminal record?

A certificate confirming an individual’s criminal record is usually issued by the police or by an appropriate law enforcement agency. A certificate will include information about an individual’s criminal record, including any past offences and information relating to recent arrests, which are pending further action such as prosecution. Alternatively, the certificate will confirm that the individual does not have a criminal record.

Under certain UK visa categories, a valid certificate is required from the relevant authority in any country where the applicant has been present for 12 months or more in the 10 years prior to the date of application, while aged 18 or over. A criminal record certificate is required for each country except the UK.

Who will need to provide a criminal record?

Under paragraph 245EB (f) of the Immigration Rules, a Tier 1 (Investor) migrant who is over 18 years old, must provide a criminal record certificate from the relevant authority in any country in which they have been present for 12 months or more (whether continuously or in total) in the past 10 years.

In addition, under paragraph 245HB (q) of the Immigration Rules, migrants who apply for a Tier 2 (General) Entry Clearance for the purpose of entering the UK to work in the health, education and social care sectors will need to provide additional safeguards where a migrant’s job involves working closely with children and vulnerable people. Migrants who are being sponsored is in one of the occupation codes listed below must provide a criminal record certificate from the relevant authority in any country in which they have been present for 12 months or more (whether continuously or in total) in the past 10 years. Those with roles in the following SOC codes are subject to the requirement:

1181 – Health services and public health managers and directors

1184 – Social services managers and directors

2211 – Medical practitioners

2212 – Psychologists

2213 – Pharmacists

2214 – Ophthalmic opticians

2215 – Dental practitioners

2217 – Medical radiographers

2218 – Podiatrists

2219 – Health professionals not elsewhere classified.

2221 – Physiotherapists

2222 – Occupational therapists

2223 – Speech and language therapists

2229 – Therapy professionals not elsewhere classified

2231 – Nurses

2232 – Midwives

2312 – Further education teaching professionals

2314 – Secondary education teaching professionals

2315 – Primary and nursery education teaching professionals

2316 – Special needs education teaching professionals

2317 – Senior professionals of educational establishments

2318 – Education advisers and school inspectors

2319 – Teaching and other educational professionals not elsewhere classified

2442 – Social workers

2443 – Probation officers

2449 – Welfare professionals not elsewhere classified.

Validity of criminal record certificate

A certificate of criminal record will normally be considered valid in the following circumstances:

  • For the applicant’s latest country of residence, where it is issued no earlier than 6 months before the date of application
  • For other countries where the applicant was present, where it is issued within the last 6 months before their last period of stay ended (this can be any date)

 

For more detailed information in relation to criminal record checks for overseas applicants, please refer to the GOV.UK website:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/633877/20170727_GOV_CR_GUIDANCE_A-F.pdf

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