UK immigration system places great importance on safeguarding the public and ensuring that those who enter the country meet suitability requirements. One of the measures supporting this aim is the obligation for certain visa applicants to provide an overseas criminal record certificate. This requirement applies across several immigration categories and helps verify whether an individual has committed offences outside the UK.
This article explains who must provide a certificate, how the process works and what applicants should do if a certificate cannot be obtained.
Who Must Provide an Overseas Criminal Record Certificate?
Tier 1 Applicants
Since 1 September 2015, individuals applying for Tier 1 (Entrepreneur) or Tier 1 (Investor) entry clearance must supply evidence of their criminal record or confirmation that no such record exists. The requirement also extends to their partners applying as dependants.
From 6 April 2017, the requirement was expanded to apply to individuals entering the UK to work in the health, education, and social care sectors under the former Tier 2 (General) route. From 1 January 2021, this responsibility transferred to the Skilled Worker route, which replaced Tier 2 (General).
The decision to introduce criminal record checks for these roles reflects the sensitive nature of work involving children, vulnerable adults and other members of the public.
Which Skilled Worker Roles Are Affected?
For Skilled Worker applicants, the need to provide a criminal record certificate depends on the Standard Occupational Classification (SOC) code assigned to their role. A broad range of positions in health, education, welfare and social care fall under this requirement. These include, but are not limited to:
- Medical practitioners
- Nurses, midwives, physiotherapists, radiographers, pharmacists
- Psychologists, counsellors, social workers
- Paramedics and various other health associate professionals
- Teachers in primary, secondary and further education
- Childminders, nursery nurses, teaching assistants and educational support staff
- Senior care workers, youth workers and welfare professionals
- Managers in health services, social services and residential care settings
The requirement applies to applicants whose roles fall under any of the following SOC codes: 1181, 1184, 1241, 242, 2211, 2212, 2213, 2214, 2215, 2217, 2218, 2219, 2221, 2222, 2223, 2229, 2231, 2232, 2312, 2314, 2315, 2316, 2317, 2318, 2319, 2442, 2443, 2449, 3213, 3216, 3217, 3218, 3219, 3231, 3234, 3235, 3239, 3443, 3562, 6121, 6122, 6123, 6125, 6126, 6141, 6143, 6144 and 6146.
These SOC codes cover a wide spectrum of occupations involving close contact with children and vulnerable adults, reflecting the importance of safeguarding in these professions.
When Is a Criminal Record Certificate Required?
An applicant must provide a certificate from every country outside the UK in which they have been present for 12 months or more, whether continuously or cumulatively, during the 10 years preceding the date of application, and while aged 18 or over.
The certificate must be issued by the appropriate authority in the relevant country, commonly a police force or national law enforcement body. Certificates typically include details of any convictions, past offences, or ongoing investigations.
Validity Requirements
A certificate will normally be accepted if:
- For the most recent country of residence, it was issued no earlier than 6 months before the application date.
- For other countries, it was issued within 6 months of the applicant’s last stay in that country.
If the certificate is not in English, a certified translation must also be submitted.
If a Certificate Cannot Be Obtained
In some situations, obtaining a certificate is genuinely not possible. For example:
- A country may not have a functioning system for issuing certificates.
- Authorities may refuse to issue certificates to non-nationals.
- The applicant may have fled the country due to humanitarian circumstances.
- Conflict, instability, or natural disaster may make contact with authorities impossible.
Where this occurs, applicants must provide a detailed written explanation with their visa application. This should outline:
- The steps taken to obtain the certificate
- Why those attempts were unsuccessful
- Any supporting evidence demonstrating the situation in that country
The Home Office will assess the explanation against its country guidance. If the Home Office concludes that obtaining a certificate was reasonably possible, the applicant is expected to provide one. If they fail to do so, the application is likely to be refused.
Employer Considerations
In cases where overseas criminality checks are not available, UK employers are expected to ensure that their safeguarding responsibilities are met. This may include obtaining:
- Comprehensive written references
- Confirmation of previous employment
- Any other reasonable evidence that supports suitability for the role
Such steps help maintain safeguarding standards even where official certificates cannot be obtained.
Conclusion
The requirement for overseas criminal record certificates forms an important part of the UK’s approach to safeguarding and suitability assessments. Applicants should review their travel and residence history carefully and ensure they obtain certificates from all relevant countries well in advance of submitting their visa application. Where difficulties arise, a clear and well-supported explanation is essential.
If you need guidance with your UK visa application, Morgan Smith Immigration is here to support you. With over 20 years of experience and a strong commitment to delivering reliable advice, our team can provide tailored assistance based on your individual circumstances. Call us at 0203 959 3335 or email [email protected] and follow us to stay updated on the latest UK immigration developments.
