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Emma Dowden-Teale
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Those making applications for entry clearance under certain Standard Occupational Classification (SOC) codes for skilled work sponsored (Tier 2) visas for the UK will now be required to provide overseas criminal record certificates.
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Previously the requirement to provide an overseas criminal record certificate only applied to individuals applying for entry clearance under the Tier 1 Entrepreneur and Investor categories. However from 6 April 2017, this requirement has been extended to include those that are working with vulnerable adults or children in the medical, social and education sectors. Applicants are required to provide a criminal record certificate for any country (excluding the UK) where they have resided continuously or cumulatively for 12 months or more, in the 10 years prior to their application. Their adult family members are also subject to this requirement.
The requirement to have an overseas criminal record certificate is mandatory and a list of those affected within the health sector includes medical practitioners, psychologists, pharmacists, ophthalmic opticians, midwives and nurses; health services directors, social workers, probation officers in the social care sector; and those working as primary, secondary and nursery education teaching professionals are also included in the list.
Instructions on how to obtain a certificate differ from country to country. The Home Office has published detailed guidance on how to obtain a certificate. The guide can be found by clicking on the following hyperlink https://www.gov.uk/government/publications/criminal-records-checks-for-overseas-applicants
This measure creates another layer of protection for children and vulnerable adults in connection with those recruited to trusted positions in respect of their care and assists employers in these essential public services regarding safer recruitment. It must not be forgotten, though, that criminal records checks are only part of appropriately safeguarding service users and learners in connection with recruitment.
As a consequence of this new requirement, employers in education and health and social care should consider planning recruitment farther in advance where they plan to sponsor applicants from outside of the EU so as to avoid unfilled positions within their services for lengthy periods, to the potential detriment of the quality and efficiency of their provision.
This information is necessarily of a general nature and doesn’t constitute legal advice. This is not a substitute for formal legal advice, given in the context of full information under an engagement with Bates Wells.
All content on this page is correct as of June 26, 2017.