Overseas Criminal Record Checks

Criminal record checks are mandatory for certain types of roles in the UK. Some employers may also opt to use overseas criminal record checks for applicants who have spent time abroad so as to mitigate recruitment risks and ensure a safe working environment.

An overseas criminal record check allows UK employers to assess whether a candidate has a relevant criminal history in another country. When hiring individuals who have lived or worked abroad, especially in regulated sectors such as education, healthcare or financial services, these checks can be an important part of the pre-employment screening process. However, unlike UK-based Disclosure and Barring Service (DBS) checks, there’s no single, standardised process for verifying an applicant’s criminal history from another country. The rules, accessibility and reliability of checks vary widely,

The following guide for UK employers looks at the process of obtaining an overseas criminal record check, from what this is and when this is needed, to who is responsible for applying for a check and the challenges that can present themselves when doing this.

 

What is an overseas criminal record check?

 

UK employers can request a criminal record check for new recruits, but the type of check depends on the role. A basic DBS check, which shows unspent convictions, can be obtained for any role. However, standard or enhanced DBS checks are restricted to positions that are eligible under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.

However, UK employers do not have direct access to overseas criminal records in the way they do with the DBS. Instead, employers may require applicants who have lived or worked abroad to obtain a criminal record certificate from the relevant country or foreign authority, to provide a fuller picture of their background. The process of obtaining an overseas criminal record check varies significantly, with some nations offering structured systems for issuing police certificates, while others have limited or inconsistent procedures.

 

When is an overseas criminal record check needed?

 

In addition to right to work checks that must be undertaken for all new recruits, regardless of nationality, you may also need to undertake an overseas criminal record check as part of your pre-employment procedures for any foreign national that you are looking to hire.

The circumstances in which an overseas criminal record check will be needed will depend on a number of factors, including the sector that a particular job role falls into, and whether or not you are sponsoring a foreign national to work for your business in the UK.

In the UK’s health and education sectors, there are statutory requirements for employers to carry out criminality checks on any prospective employees who have spent time abroad, with specific safeguards in place where a migrant’s job involves working closely with children and vulnerable people. However, in other employment sectors in the UK, it may still be regarded as best practice to check the background of any successful candidate prior to taking them on. It is also not uncommon for employers to want to check the background of all new recruits, either to ensure that they are reliable and trustworthy or, if they are being sponsored to work for the employer, that they are likely to be approved for a visa.

When applying for any type of work visa to undertake paid employment in the UK, a foreign national must be assessed as suitable by UK Visas and Immigration (UKVI), where UKVI is the division of the Home Office responsible for the UK’s visa system. First and foremost, this means that the visa applicant must not fall for refusal on grounds of any prior convictions, offending or criminal behaviour. However, in addition to satisfying the suitability criteria, the applicant may also need to obtain a criminal record certificate, or the overseas equivalent, under the various route-specific requirements for certain visas.

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

 

Which visas require an overseas criminal record certificate?

 

If a prospective employee is applying for entry clearance under any of the following visa routes, they must provide a criminal record certificate from the relevant authority in any country (excluding the UK) where they have lived for 12 months or more (whether continuously or in total) in the 10 years prior to applying for a visa while aged 18 or over:

 

• Skilled Worker route when applying to work in the education, health or social care sectors, where the rules list multiple occupation codes subject to this requirement.
• Dependent partner (aged over 18 years old) of the main applicant or principal visa-holder on the Skilled Worker route, either applying with the main applicant or separately.
• Dependent partner (aged over 18 years old) of a Tier 1 (Entrepreneur) or Tier 1 (Investor) already in the UK. Even though these routes are closed to new applicants, the dependent partners of existing visa-holders can still apply to join them in the UK.

 

For anyone being sponsored as a Skilled Worker, the requirement for Skilled Worker entry clearance applicants to produce a criminal record certificate is determined by the standard occupational classification (SOC) code attributed to their employment role in the UK. The online Home Office guidance on the application process for criminal records checks overseas provides a full list of the SOC codes subject to the requirement to obtain a criminal record certificate (last updated 23 October 2023). If you are sponsoring a migrant worker to undertake a job role in the UK on the Skilled Worker route, you will need to inform them of any requirement to obtain a criminal record certificate when you assign them their certificate of sponsorship and prior to them applying for their work visa.

Visa applicants in all other immigration routes in the UK are not currently required to provide criminal record certificates. Those already in the UK who are seeking to extend their stay in one of the above categories are also not presently included.

However, where applicable, if an applicant fails to provide a criminal record certificate or any satisfactory explanation as to why not, UKVI will refuse their application for entry clearance. In these circumstances, your chosen candidate will not be able to enter the UK legally, nor undertake the job role on offer to them. It is therefore best, either for them or you on their behalf, to obtain a certificate at the earliest possible opportunity.

To avoid delays or refusals, it is advisable for the applicant (or you, on their behalf, where permitted) to obtain a criminal record certificate as early as possible. If the certificate is issued in a language other than English, a certified translation must be provided as part of the visa application, as many countries do not issue certificates in English.

 

Who applies for an overseas criminal record check?

 

In circumstances where a prospective employee is required to obtain a criminal record certificate in support of their application to UKVI for entry clearance to come to the UK, they will usually be required to obtain their own overseas criminal record check although, with their written consent, you may be able to a obtain the check on their behalf.

In other cases, applications may be limited to the individual worker for whom disclosure is sought, where they will not be permitted to authorise a third party to apply for them. For example, where someone has recently lived in the United States, third party representatives or prospective UK employers cannot apply. In these cases, only the individual can apply, including US citizens and permanent residents, as well as non-citizens and non-residents, provided they have lived in the USA for a minimum period of 12 months.

In cases where a criminal record certificate is not needed as part of any visa requirement, either because the person is already present in the UK or does not need to apply for a work visa, you may ask that individual to get a check in the country they are from, or have lived and worked in. Employers should inform prospective employees of this requirement and may assist in the process, but the primary responsibility typically lies with the applicant.

 

How to apply for an overseas criminal record check

 

The majority of countries have procedures for the issuing of criminal record certificates (also known as certificates of good character or certificates of good conduct) to their own citizens and to third country nationals living there. However, the application process can vary from country to country, where an application must either be made directly to the relevant authority in that country, or the relevant embassy or High Commission in the UK.

Details of how to obtain a check from the relevant authorities abroad are available online at GOV.UK, with specific guidance for Countries A to F, Countries G to P, and Countries Q to Z. This guidance includes information about the process, cost and service standards for obtaining a certificate. However, this guidance is subject to change and may not reflect the current position, where the applicant will be responsible for checking with the relevant authorities whether a certificate can be obtained before an application is submitted.

As an employer, by having an understanding of the process in each country for obtaining an overseas criminal record check, this will help you to manage the expectations of the prospective employee, and enable you to plan and resource accordingly. For example, in some countries, an application can only be made locally by the individual concerned at a local police station or post office. The applicant may even need to provide fingerprints. For other countries, applications may be made by the prospective employer or a third party on the employee’s behalf through the relevant UK Embassy or High Commission.

The way in which an application will need to be submitted can also vary, from applying in person to applying by post, email, fax or online, with different documentation required in support. This can include, for example, a copy of a valid passport, a passport sized photograph, a letter from the employer with an explanation for the disclosure request, as well as an employee-signed disclosure authorising the employer to make the application.

 

Costs and processing times for overseas criminal record checks

 

The cost of an overseas criminal record check will again depend on the applicable country, ranging from no cost at all to a set fee. Information on the cost of obtaining an overseas criminal record check can be obtained from the online guidance at GOV.UK. However, if an applicant has lived in several different countries, a number of separate checks may need to be undertaken, not least if they must meet the criminal record certificate requirement to apply for a visa which requires checks for any country resided in during the last 10 years.

The turnaround times for overseas criminal record checks will also depend on the country responsible for suppling the certificate, and whether the application is made from overseas or inside the UK. In some cases, a same-day check may be possible while, in others, it could take weeks or even months. In some countries, a fast-track option may be available, so it is always important to check the turnaround times for the country in question in advance, and whether or not any premium service is available where time is of the essence.

 

Challenges of overseas criminal record checks

 

One of the main challenges when applying for an overseas criminal record check is where the country concerned is not listed in the online guidance. However, further information on the criminal records processes overseas can be obtained from the relevant Embassy or High Commission in the UK. In some cases, it may not always be possible to obtain a criminal record certificate, for example, where a country refuses to provide certificates to anyone other than their own citizens or where there is no functioning criminal record regime.

For purposes of obtaining a visa, if the applicant cannot obtain a certificate from the relevant country, they must provide an explanation with their application to UKVI which details their attempts to obtain a certificate and why this has not been possible. Where applicable, the requirement under the rules to obtain a criminal record certificate is mandatory, although specific provision is made under Appendix Skilled Worker for the possibility that an applicant may be prevented from obtaining a certificate under the criminal record regime of the country in question. As such, UKVI has the discretion to waive the requirement, provided the applicant can provide a satisfactory explanation as to why they have not been able to obtain a certificate from any or all of the relevant authorities.

In the absence of a globalised system for overseas criminal record checks, the prospective employer and employee can only do their best to work within the limits of each regime.

 

Need assistance?

 

For specialist advice on pre-employment screening and how to ensure effective and compliant recruitment practices within your organisation, contact us.

 

Overseas criminal record check FAQs

 

What is an overseas criminal record check?

An overseas criminal record check is a process used to verify whether a job applicant has a criminal history in another country. It is often required when hiring individuals who have lived or worked abroad, particularly in regulated sectors such as healthcare, education, and financial services.

 

Are UK employers legally required to obtain overseas criminal record checks?

There is no blanket legal requirement for all employers to conduct these checks. However, in regulated industries where safeguarding is essential, such as working with children or vulnerable adults, it is strongly recommended. Certain roles may also have specific regulatory requirements for overseas vetting.

 

How can an employer request an overseas criminal record check?

Employers cannot directly obtain criminal records from other countries. Instead, the applicant is usually responsible for requesting the check from the relevant foreign authority. The process varies by country, with some offering official police certificates and others requiring more complex procedures.

 

What should an employer do if an applicant cannot provide a check?

If an applicant is unable to obtain a check due to issues such as political instability or a lack of an official process in a specific country, employers should consider alternative measures. This may include obtaining character references, conducting an enhanced interview process, or using other risk assessment methods.

 

Can an overseas criminal record check be used instead of a UK DBS check?

A Disclosure and Barring Service (DBS) check is required for certain roles in the UK, even if an overseas criminal record check has been obtained. Employers should conduct both checks if necessary, ensuring they meet safeguarding and legal obligations.

 

How long does an overseas criminal record check take?

Processing times vary depending on the country. Some records can be obtained within weeks, while others may take months. Employers should factor in potential delays when hiring candidates who require overseas vetting.

 

Is an employer allowed to refuse a job offer based on an overseas criminal record check?

Employers must assess any information carefully and fairly. Not all convictions will be relevant to the role, and decisions should be made in line with UK employment law, data protection rules, and anti-discrimination regulations. If rejecting a candidate, employers should ensure they can justify their decision based on job-related risks.

 

How can employers verify the authenticity of an overseas check?

Verification can be challenging, as some countries have limited formal processes. Employers should request official documentation, check whether the issuing authority is recognised, and seek translation services if needed. In high-risk roles, legal or background screening specialists may provide additional guidance.

 

Do overseas criminal record checks expire?

There is no universal expiry date, but records are typically only valid at the time of issue. If an employee has lived in another country since obtaining their check, employers may need to request a new one as part of their risk assessment process.

 

What are the consequences of failing to carry out proper checks?

Employers who fail to conduct the necessary vetting in regulated sectors could face legal penalties and safeguarding risks. Even in unregulated roles, hiring someone with an undisclosed serious criminal history could pose financial and operational risks to the business.

 

What additional checks should employers consider alongside overseas criminal records?

Employers should conduct right to work checks, verify references, and assess gaps in employment history. In some cases, additional background screening, such as financial checks for roles in regulated financial services, may also be necessary.

 

Glossary

 

 

Term	Definition
Overseas Criminal Record Check	A check conducted through relevant foreign authorities to verify a candidate’s criminal history outside the UK.
Disclosure and Barring Service (DBS)	A UK government agency that provides criminal record checks for individuals applying for certain roles.
Criminal Record Certificate	A document issued by a law enforcement authority in a foreign country detailing an individual’s criminal record status.
Standard Occupational Classification (SOC) Code	A classification system used to categorise job roles in the UK, determining eligibility for certain visa requirements.
Certificate of Sponsorship (CoS)	A document issued by a UK employer to a migrant worker, confirming their job role and allowing them to apply for a visa.
Entry Clearance	The process of obtaining a visa before entering the UK, required for many work-related immigration routes.
UK Visas and Immigration (UKVI)	A division of the UK Home Office responsible for managing the country’s visa and immigration system.
Skilled Worker Route	A work visa route allowing foreign nationals to be employed in the UK in eligible occupations.
Dependent Partner	A spouse, civil partner, or unmarried partner of a main visa applicant, eligible to apply for a visa under certain conditions.
Tier 1 (Entrepreneur/Investor)	Previously available UK visa routes for high-net-worth individuals and entrepreneurs, now closed to new applicants.
Enhanced DBS Check	A detailed criminal record check showing both spent and unspent convictions, typically required for roles involving vulnerable groups.
Standard DBS Check	A mid-level criminal record check showing spent and unspent convictions, relevant for certain regulated professions.
Basic DBS Check	A check revealing only unspent convictions, available for any role.
Right to Work Check	A legal requirement for UK employers to verify a candidate’s legal right to work in the country.
Home Office Guidance	Official documentation provided by the UK government outlining procedures and legal requirements for visa and immigration processes.