Home Office: Criminal Record Checks

The Home Office in the UK requires an overseas criminal record certificate from visa applicants who have lived in a country outside of the UK for 12 months or more in the past 10 years while aged 18 or over. This certificate must be issued by the relevant authority in the country in question and may need to be translated into English. The Home Office provides detailed guidance on how to obtain a criminal record check for each individual country.

The ACRO Criminal Records Office (ACRO) issues police certificates to individuals emigrating or requiring a police certificate for a visa application. The certificate details whether the applicant has a criminal record in the UK.

Criminal record checks for visa applications

If you are applying for a UK visa, you may need to provide an overseas criminal record certificate to enable the Home Office to carry out a criminal record check. The requirement to provide a criminal record certificate depends on the type of UK visa you are applying for and where you are applying from.

You will need to provide an overseas criminal record certificate if you are applying from overseas for the following visas:

• Tier 1 Investor Visa
• Tier 1 Entrepreneur Visa
• Skilled Worker Visa (if you have a job in education, health, or social care)
• Dependent partner visa (allowing you to join a person with one of the above visa types)

If you are applying for one of these visas from within the UK (i.e. switching to or extending your UK visa), you will not need to provide an overseas criminal record certificate.

In most cases, you can request a criminal record certificate from the police or law enforcement agency in your home country. The Home Office provides detailed guidance on the application process for criminal records checks overseas for each individual country.

If you are required to provide a Criminal Record Certificate, it must:

• Be an original or scanned copy.
• Have been issued by the relevant authority in any country where you have spent 12 months or more (continuously or in total) in the past 10 years while aged 18 or over.
• For your last country of residence, have been issued no earlier than 6 months before the date of application.
• For all other countries, have been issued within the last 6 months before your last period of stay ended.
• Be in English. If the original version is not in English (or Welsh), you will need a translated copy.

In some circumstances, it may not be possible to acquire a criminal record certificate. This may be the case if the country from which you need the certificate has no functioning criminal record system or refuses to provide you with a police certificate for immigration purposes.

If you are not able to get a criminal record certificate, you will need to provide a written explanation to UKVI stating why you have not been able to obtain a certificate and your attempts to do so. UKVI may decide to waive the requirement for a criminal record certificate based on your explanation and evidence. If they decide not to waive this requirement, your application is likely to be refused.

If you have lived or worked in the UK, you are eligible to apply for an ACRO Police Certificate, which can be done online. The ACRO Criminal Records Office issues police certificates to individuals who want to emigrate or have been required to produce a police certificate (also known as a "certificate of good conduct") by an embassy, high commission, or consulate. The certificate details whether or not the applicant has a criminal record in the United Kingdom and may also include foreign criminal history information that has been disclosed to the UK.

Criminal record checks for employment

Criminal record checks are an increasingly common part of the hiring process. They are used to assess whether potential employees are honest and trustworthy or if they might pose any threat to the business or its members.

In the UK, criminal record checks are carried out by the Disclosure and Barring Service (DBS). There are three main types of check: basic, standard, and enhanced. Basic checks show any unspent convictions and conditional cautions. Standard checks show any spent and unspent convictions, cautions, reprimands, and final warnings. Enhanced checks show the same as a standard check, plus any information held by local police that is considered relevant to the role. Enhanced checks can also include a check of the barred list, which shows whether someone is barred from certain types of employment, such as working with children.

For the majority of jobs, individuals are not required to disclose their criminal record once it is spent. This is due to the protection provided by the Rehabilitation of Offenders Act. However, certain roles, such as those in education, health, or social care, may require a standard or enhanced DBS check. In these cases, the employer should be able to explain what makes the role eligible for this higher level of check.

If an individual has lived abroad, the DBS check will not cover any time spent outside the UK. In these cases, the employer may request that the individual obtains a criminal record check from the country they lived in or gives permission for the employer to request a check on their behalf through an embassy.

It is important to note that employers must have a lawful basis for carrying out a criminal record check and must comply with relevant data protection regulations, such as GDPR.

Criminal record checks for police

Criminal record checks are an essential aspect of police work, ensuring that individuals with access to sensitive information or vulnerable populations are trustworthy. These checks are particularly crucial when screening applicants for employment, volunteering, or other purposes that require a high level of security and integrity.

In Ontario, Canada, the Police Record Checks Reform Act sets the standards for conducting police record checks and outlines three different types: the Criminal Record Check (CRC), the Criminal Record and Judicial Matters Check (CRJMC), and the Vulnerable Sector Check (VSC). Each type of check discloses varying levels of information, with the VSC being the most comprehensive and authorised only for specific roles involving children or vulnerable individuals.

The application process for a police record check typically involves contacting the local police service or an authorised private business. In some cases, online applications are available for added convenience. The cost of these checks varies, with volunteer checks typically being free, while standard checks may range from $25 to $60 plus tax.

When applying for a UK visa, certain specific visa routes require applicants to provide the Home Office with an overseas criminal record certificate. This requirement applies to visa routes such as the Tier 1 (Entrepreneur) and Tier 1 (Investor) visas, as well as the Skilled Worker visa for specific sectors. The certificate must be obtained from the local police or law enforcement agency in the applicant's home country and should be no older than six months at the date of the visa application.

Overall, criminal record checks for police and other official purposes are an important tool to ensure the safety and security of vulnerable individuals and maintain the integrity of various organisations and institutions.

Criminal record checks for immigration

When applying for a UK visa, you may need to provide an overseas criminal record certificate to allow the Home Office to carry out a criminal record check. This is required for certain visa types, including the Tier 1 Investor Visa, Tier 1 Entrepreneur Visa, and Skilled Worker Visa. The certificate must be an original or scanned copy, issued by the relevant authority in any country where you have spent 12 months or more (either continuously or in total) in the past 10 years while aged 18 or over. For your last country of residence, the certificate must have been issued no earlier than 6 months before the date of application. For all other countries, it must have been issued within the last 6 months before your last period of stay ended. If the original certificate is not in English, a translated copy is also required.

If you are unable to obtain a criminal record certificate, you must provide a written explanation to UKVI detailing why you have not been able to obtain one and the attempts you have made to do so. UKVI will then decide whether to waive the requirement or refuse your application.

In the United States, the presence of a criminal record could affect your ability to live as a non-citizen and may even result in the deportation of individuals with a valid non-immigrant visa or green card. The Immigration and Nationality Act (INA) categorises crimes into two main types for immigration purposes: crimes of moral turpitude and aggravated felonies. Crimes of moral turpitude refer to any act that goes against justice, honesty, or good morals, as well as fraud, vileness, or depravity in an individual's private and social duties. Aggravated felonies include serious crimes such as murder, rape, sexual abuse of a minor, drug offences, explosives or firearms trafficking, and money laundering. Under the INA, an immigrant waiver is available for most crimes, except for murder, criminal acts involving torture, and drug trafficking offences.

U.S. citizens seeking to prove they have no criminal record for reasons such as adoption, school, or work, can request their local police department to conduct a local or state criminal records search and provide documentation confirming this. They can also request their FBI Identification Record from the Criminal Justice Information Services (CJIS) Division of the Federal Bureau of Investigation (FBI). This can be done directly or through an FBI-approved channeler, which is a private business that receives and submits fingerprint data and fees to the FBI.

Criminal record checks for overseas applicants

The process for obtaining a criminal record check varies depending on the country of residence and the purpose of the check. Here is an overview of the process for overseas applicants seeking criminal record checks for UK visa applications or for employment purposes.

Criminal Record Checks for UK Visa Applications

If you are applying for a UK visa from overseas, you may need to provide an overseas criminal record certificate, also known as a "Certificate of Good Character", to enable the Home Office to carry out a criminal record check. This requirement typically applies to the following visa routes:

• Tier 1 Investor Visa
• Tier 1 Entrepreneur Visa
• Skilled Worker Visa in specific sectors (education, health, or social care)
• Dependent partner visa (for joining a person with one of the above visa types)

To meet the requirements, you must provide a criminal record certificate for any country (excluding the UK) where you have lived for 12 months or more (continuous or in total) in the last 10 years while aged 18 or over. The certificate must be issued by the relevant authority in each country and translated into English if the original is in a different language.

If you are unable to obtain a criminal record certificate from a particular country, you must provide a written explanation with your visa application, detailing your attempts to obtain the certificate and the reasons why it was not possible. The UK Visas and Immigration (UKVI) will then decide whether to waive the requirement or refuse your application.

Criminal Record Checks for Employment Purposes

When applying for a job in the UK from overseas, you may be required to undergo a Disclosure and Barring Service (DBS) check, which is a crucial tool for employers to ensure safe recruitment decisions. The process for an overseas applicant will differ from a UK-based applicant because the DBS does not have access to criminal records in other countries.

If you are an overseas applicant, your prospective employer is responsible for trying to obtain a criminal record check from the countries you have resided in. This process varies depending on the country, and your employer can refer to the DBS's list of countries from A to Z for specific instructions.

If you are a UK-based applicant who currently lives abroad, your prospective employer can still carry out a DBS check and verify your ID documents through a live video link. However, they will need to physically view the original copies of your ID documents, which you must send by post.

It is important to note that, for employment purposes, the recruitment decision must be made in the UK if a DBS check is required.

Frequently asked questions