Overseas Criminal Record Checks For International Applicants

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Overseas Criminal Record Checks For International Applicants
21
Mar

Overseas Criminal Record Checks For International Applicants

People who have recently moved to the UK may need to acquire an Overseas Criminal Records (OCR) check because DBS checks will not include information from overseas law enforcement.

Why is it important to apply for Overseas Criminal Records check?

In certain areas of work like, health, education and social care sectors companies are required by law to conduct criminal background checks on successful candidates.

If a Skilled Worker visa applicant is requesting for entry clearance for a job role that falls within one of the above occupation codes, they must present a criminal background certificate or the equivalent under Appendix Skilled Worker of the UK Immigration Rules. If the applicant fails to provide such a certificate or any reasonable explanation for their failure to do so, UK Visas and Immigration (UKVI) will deny their application for entry clearance. This is because providing an overseas criminal record certificate is a requirement for certain job roles in the UK.

Applying for an OCR check

All migrants applying through the Skilled Worker or Health & Care Worker routes who intend to work in the health, education, or social care sectors must give a criminal background certificate to both their employer and their visa application.

A worker looking for a position in one of the Appendix Skilled Worker occupations will almost always be required to acquire their own overseas criminal record check, though a third party, such as a potential employer, may be able to obtain the check in their place in some situations. You would, however, need written permission from your employer to do so.

The application process for acquiring an overseas criminal record check to present to UK employers or to meet a visa's necessary condition differs per nation. As an employer, knowing the process for obtaining a criminal record check in each country will allow you to plan and resource appropriately, as well as manage expectations of both the prospective worker and co-workers who rely on a potential new-starter.

The way in which an application should be made might also differ from country to country, with varied degrees of sophistication, ranging from applying in person to applying by post, email, fax, or online. A formal written and signed application with precise information, such as the applicant's parents' names, might be part of the application procedure. In most situations, the applicant will also be required to produce documentary evidence, such as a copy of a valid passport, but in certain cases, a letter from their employer or even the relevant authorities, explaining or approving the disclosure request.

Challenges with Overseas Criminal Record Checks

A job applicant may be able to receive a criminal record certification, or the equivalent, in as little as 24 hours in some situations. Others may take weeks or months to complete the procedure and may even refuse to disclose any information at all. When employing a new employee from another country, time is of the essence, and this will most certainly cause their start date to be pushed back significantly. Any delay could jeopardise that person's ability to perform their new work function at all, perhaps discriminating against them based on where they were born or lived in the previous ten years.

It's also worth noting that any projected timeframe for getting foreign criminal record checks could be greatly prolonged if an applicant has resided in many countries for more than 12 months in the ten years leading up to the application date.

Furthermore, given the absence of a globalised system for criminal record checks, both UK sponsors and migrant workers must do their best to operate within the constraints of the various overseas regimes and submit their criminal record certificate application(s) as quickly as feasible.

What does Overseas Criminal Record Checks cost?

The cost of a criminal background check in another nation is determined by the country in question. In certain circumstances, there may be no cost or a minimal fee, while in others, there will be a significant expense. The relevant foreign embassy or High Commission in the UK can provide information on the cost of requesting an overseas criminal record check.

Applications may also be required in respect of multiple nations where an applicant has lived in a variety of locations over the previous ten years.

Book a free 1 on 1 demo with one of our specialists to find out more about Overseas Criminal Record Checks and if Complygate is the ideal screening provider for you.

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