Overseas Police Check UK: Criminal Record Certificate Guide 2026

overseas criminal record police check

SECTION GUIDE

An overseas police check, often described in UK guidance as an overseas criminal record check UK, is a police or government-issued certificate confirming whether an individual has a criminal record in a country outside the United Kingdom. It is usually required where a person has lived abroad and is applying for regulated employment, safeguarding roles or certain entry clearance visas.

The certificate must be obtained directly from the relevant foreign authority. It does not replace a UK DBS check, which remains mandatory for eligible roles in the UK. Instead, it supplements UK screening by providing criminal record information from overseas jurisdictions.

This guide explains when an overseas criminal record check is required, how the process works in practice, who is responsible for applying and what steps employers should take where a certificate cannot be obtained.

 

Section A: What Is an Overseas Police Check?

 

An overseas police check is a criminal record certificate issued by a foreign police force or designated government authority confirming whether an individual has recorded convictions in that country. In UK employment and immigration contexts, the terms overseas police check and overseas criminal record check UK are used interchangeably.

The check is triggered by residence abroad, not nationality. A British citizen who has lived overseas for a significant period may be asked to obtain one in the same way as a non-UK national. It may be required in three main situations:

 

a. for regulated employment, particularly in education, healthcare and social care

b. to meet safeguarding compliance expectations where a candidate has lived overseas

c. to satisfy route-specific immigration rules, including certain entry clearance applications

 

The certificate is not issued by a UK authority and cannot be obtained through the Disclosure and Barring Service. Instead, it must be requested from the relevant authority in the country where the individual previously lived.

Terminology varies by jurisdiction. Some countries issue a police clearance certificate, certificate of good conduct or certificate of good character. The format and content differ depending on the issuing country’s legal framework. In most cases, the document will either confirm that no convictions are recorded or set out details of criminal history, and occasionally pending proceedings.

For UK employers, the key point is that an overseas criminal record check provides additional background information from jurisdictions outside the UK. It complements, rather than replaces, domestic screening obligations.

 

1. How does an overseas criminal record check differ from a DBS check?

 

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

UK employers do not have direct access to overseas criminal records in the way they access DBS checks. There is no centralised international database available to UK employers. Instead, where an individual has lived abroad, the employer may require that person to obtain a criminal record certificate from the relevant overseas authority to provide a fuller picture of their background.

An overseas criminal record check does not replace a DBS check where a DBS is required. In regulated roles, particularly those involving children or vulnerable adults, both checks may be appropriate. The overseas certificate supplements, rather than substitutes, the UK check.

 

2. When is residence abroad relevant?

 

The need for an overseas criminal record check is linked to residence abroad, not nationality. A British citizen who has lived overseas for a significant period may be subject to the same expectation as a foreign national. In regulated sectors such as education and healthcare, employers are expected to take reasonable steps to obtain overseas criminal record information where an individual has lived outside the UK for 12 months or more.

Residence thresholds also arise in immigration law. Under Appendix Skilled Worker, certain entry clearance applicants have to provide a criminal record certificate from any country, excluding the UK, where they have lived for 12 months or more, whether continuously or in total, during the 10 years prior to the application while aged 18 or over. That requirement applies only to specific roles and only at the entry clearance stage.

The trigger is therefore contextual. In some cases it arises from safeguarding obligations. In others, it arises from route-specific immigration rules. Understanding which framework applies is central to determining whether a certificate is required and who is responsible for obtaining it.

 

3. Are an overseas police check and an overseas criminal record check UK the same?

 

In most UK employment and immigration contexts, the terms refer to the same type of document. The certificate is issued by the relevant authority in the country where the individual previously lived. Different jurisdictions use different labels, such as police clearance certificate, certificate of good conduct or certificate of good character. The underlying purpose remains the same: to confirm whether criminal convictions are recorded in that country.

 

Section B: When Is an Overseas Criminal Record Check Required in the UK?

 

An overseas criminal record check is not required for every role. The trigger depends on the regulatory framework governing the position and, in some cases, on the immigration route under which the individual is applying. Employers should distinguish clearly between safeguarding obligations, general recruitment best practice and mandatory visa requirements.

In many cases, the underlying issue is residence abroad. Where a candidate has lived outside the UK for a significant period, employers in regulated sectors are expected to take reasonable steps to obtain criminal record information from the relevant country.

 

1. Regulated sectors and safeguarding requirements

 

In education, healthcare and social care settings, criminality checks form part of statutory safeguarding duties. Where an applicant has lived overseas for 12 months or more, employers are expected to seek criminal record information from the relevant country, in addition to carrying out any required UK DBS check.

This expectation arises from sector-specific guidance rather than a single overarching statute. Schools, for example, are guided by safeguarding frameworks that require reasonable efforts to obtain overseas police checks where available. Similar principles apply in health and care environments regulated by bodies such as the Care Quality Commission.

The obligation is framed around risk management. If an overseas certificate cannot be obtained, the employer should document the steps taken and consider alternative evidence before making an appointment decision.

 

2. Visa-specific criminal record certificate requirements

 

Separate from safeguarding, certain immigration routes impose a mandatory requirement to provide a criminal record certificate at the entry clearance stage.

Under Appendix Skilled Worker, an applicant has to provide a criminal record certificate from any country, excluding the UK, where they have lived for 12 months or more, whether continuously or in total, during the 10 years before the date of application while aged 18 or over, if they are applying for entry clearance in a role that falls within specified education, health or social care occupation codes.

The requirement also applies to a dependent partner aged 18 or over who is applying for entry clearance alongside, or to join, a main applicant who is subject to the certificate requirement. It does not currently apply to in-country extension applications under the Skilled Worker route. The requirement applies only to entry clearance applications made from outside the UK and does not apply to settlement applications under the route.

If a required certificate is not provided, and no satisfactory explanation is given, the application for entry clearance will be refused. Employers sponsoring workers in affected occupation codes should inform the applicant of this requirement when assigning the certificate of sponsorship and before the visa application is submitted.

Applicants in most other immigration categories are not subject to a route-specific criminal record certificate requirement. However, all applicants remain subject to the suitability provisions of the Immigration Rules, which allow UK Visas and Immigration to refuse applications on criminality grounds where relevant.

 

3. General recruitment risk management

 

Outside regulated sectors and specified visa routes, there is no blanket legal obligation to obtain an overseas criminal record check. Some employers nonetheless choose to request one where a candidate has lived abroad for a prolonged period, particularly in roles involving financial responsibility, access to sensitive information or high levels of trust.

Any such requirement should be proportionate to the role and consistent with data protection and employment law principles. Employers should ensure that decisions are based on relevance to the position rather than on the mere existence of a conviction. The right to work check remains a separate and mandatory requirement for all new hires, regardless of nationality or residence history, and should not be confused with criminal record screening.

Clarifying which framework applies, safeguarding, visa compliance or general risk management, allows employers to take an informed and defensible approach to overseas criminal record checks.

 

Section C: How Do You Apply for an Overseas Police Check?

 

There is no single international process for obtaining an overseas criminal record check. The application is made to the relevant authority in the country concerned, usually the police, ministry of justice or a designated law enforcement agency. The procedure, documentation requirements and processing times vary widely between jurisdictions.

In most cases, the individual concerned has to apply for the certificate themselves. Some countries allow a third party or prospective employer to apply on the individual’s behalf with written consent. Others restrict applications to the individual only, even where the request is linked to UK employment or a visa application.

 

1. Step-by-step process

 

While the detail differs by country, the general process follows a similar structure:

 

a. Identify the correct issuing authority in the country where the individual previously lived.

b. Confirm eligibility and whether applications can be made from the UK or only locally.

c. Prepare the required documents, which may include a passport copy, photographs, proof of previous residence and, in some cases, fingerprints.

d. Submit the application and pay any applicable fee.

e. Arrange for certified translation if the certificate is not issued in English or Welsh.

 

Guidance on how to obtain certificates from specific countries is published on GOV.UK. However, that guidance can change and may not reflect local operational delays or revised procedures. Applicants should verify the current position directly with the issuing authority or relevant embassy.

 

2. Applying from the UK or overseas

 

In some countries, applications can be made online or through a consulate in the UK. In others, the applicant has to attend in person at a local police station or government office. Certain jurisdictions require biometric information, including fingerprints, which can limit the ability to apply remotely.

Employers should clarify early whether the candidate can apply from within the UK. If personal attendance abroad is required, this may affect recruitment timelines and start dates. Delays are common where historic records are archived or where administrative systems are decentralised.

 

3. Translation, validity and visa timing

 

If a certificate is issued in a language other than English or Welsh, a certified translation has to be provided where it is being submitted in support of a UK visa application. The translation should confirm the translator’s credentials and that it is an accurate translation of the original document.

For immigration purposes, criminal record certificates are generally expected to have been issued no more than six months before the date of the visa application. Sponsors should ensure that timing is coordinated so that certificates do not expire before submission.

Processing times vary significantly. Some countries issue certificates within days. Others may take several weeks or longer. Where an individual has lived in multiple countries for 12 months or more within the relevant period, separate applications will usually be required for each country.

Early identification of the countries involved and the applicable procedures reduces the risk of visa refusal, safeguarding delay or postponed start dates.

 

Section D: What If You Cannot Obtain an Overseas Criminal Record Certificate?

 

In some jurisdictions, it may not be possible to obtain a criminal record certificate. The country may not operate a formal criminal record disclosure system, may restrict certificates to its own nationals or may require in-person attendance that is no longer feasible. Administrative delays, conflict or changes in local law can also prevent access to records.

The legal and practical response depends on why the certificate is required in the first place. The approach differs where the issue arises under immigration rules compared with safeguarding or general recruitment risk management.

 

1. Where the requirement arises under immigration rules

 

Under Appendix Skilled Worker, where an entry clearance applicant is required to provide a criminal record certificate but is unable to obtain one from a relevant country, the Immigration Rules allow for discretion in limited circumstances. The applicant is expected to provide a detailed explanation setting out the steps taken to obtain the certificate and the reasons it could not be secured.

UK Visas and Immigration will assess whether the explanation is satisfactory. Evidence of attempts to contact the relevant authority, correspondence from embassies or confirmation that certificates are not issued to non-nationals can assist. If no certificate is provided and no adequate explanation is given, the application for entry clearance is likely to be refused.

Sponsors should identify early whether a certificate is realistically obtainable. Where there is doubt, the issue should be addressed before the visa application is submitted rather than relying on discretion at decision stage.

 

2. Where the requirement arises from safeguarding duties

 

In regulated sectors such as education and healthcare, employers are expected to take reasonable steps to obtain overseas criminal record information. Where a certificate cannot be obtained, the employer should document the efforts made and record the reasons for non-availability.

Alternative measures may include:

 

a. Obtaining additional professional references covering the period overseas.

b. Conducting a more detailed interview focused on the time spent abroad.

c. Requesting a written declaration regarding criminal history.

d. Applying enhanced supervision during an initial probationary period where appropriate.

 

Any decision to proceed without a certificate should be risk-assessed and recorded. Regulators and inspectors will expect to see evidence that the employer considered the safeguarding implications and did not simply overlook the gap.

 

3. Managing fraud and authenticity concerns

 

Another practical difficulty arises where a certificate is produced but its authenticity is uncertain. Formats vary widely between countries, and some jurisdictions have limited verification mechanisms.

Employers should review the document carefully, ensure that it appears to have been issued by a recognised authority and confirm that any translation is certified. Where concerns arise, it may be appropriate to seek specialist background screening advice or request further confirmation from the issuing authority.

 

Section E: Employer Responsibilities and Compliance Risk

 

An overseas criminal record check sits within a broader compliance framework. Employers need to understand whether they are acting under a statutory safeguarding duty, a visa-specific rule or a general recruitment risk assessment. The legal exposure differs in each case.

Where checks are required, the focus should be on proportionality, documentation and consistency. An ad hoc approach increases the risk of challenge, particularly in regulated sectors or where sponsorship duties are engaged.

 

1. Aligning checks with the role

 

Criminal record screening should reflect the nature of the position. Roles involving children, vulnerable adults or regulated healthcare functions require a higher level of scrutiny than roles with no safeguarding element. Financial services, security-sensitive posts and positions of trust may also justify enhanced vetting.

Employers should avoid applying overseas criminal record checks automatically to certain nationalities. The relevant trigger is residence abroad, not citizenship. Applying inconsistent standards may expose the organisation to discrimination risk under the Equality Act 2010.

Any decision to refuse employment on the basis of overseas criminal record information should be assessed against the relevance of the conviction to the role. Blanket exclusion policies are unlikely to be defensible. Consideration should be given to the Rehabilitation of Offenders Act 1974 and whether the information relates to conduct that would be disclosable in the UK for that type of role.

 

2. Data protection and record keeping

 

Criminal record information constitutes special category data under UK GDPR. Employers processing overseas criminal record certificates should ensure that they have an appropriate lawful basis and that access is restricted to those with a legitimate need to know.

Certificates should not be retained indefinitely. A clear retention policy, aligned with safeguarding or sponsorship record-keeping obligations, should be in place. Where information is relied upon in making a recruitment decision, a summary of the risk assessment may be retained rather than the full certificate, depending on the organisation’s data protection policy.

In sponsored roles, records relating to visa compliance should be kept in accordance with the official sponsor guidance. However, criminal record certificates required solely for safeguarding purposes fall within employment and regulatory compliance frameworks rather than sponsor licence reporting duties.

 

3. Interaction with immigration compliance

 

Where an overseas criminal record certificate is required for entry clearance under Appendix Skilled Worker, failure to secure the document can result in visa refusal. Employers relying on international recruitment should factor certificate lead times into workforce planning.

The standard occupational classification (SOC) code attributed to the role determines whether the criminal record certificate requirement applies. Sponsors should confirm whether the role falls within the listed occupation codes before assigning the certificate of sponsorship.

Overseas criminal record checks are separate from right to work checks. A compliant right to work check does not satisfy safeguarding or visa-specific criminal record requirements. Each serves a distinct legal purpose.

Failure to conduct appropriate checks in regulated roles may lead to regulatory scrutiny, contractual liability or reputational harm. A documented and role-specific screening policy reduces that exposure and provides a defensible audit trail if decisions are later questioned.

 

Section F: Summary

 

An overseas police check, also known as an overseas criminal record check UK, is a certificate issued by a foreign authority confirming whether an individual has a criminal history in that country. It is distinct from a UK DBS check and is obtained directly from the relevant overseas authority.

The requirement may arise under safeguarding guidance in regulated sectors or under specific immigration rules for entry clearance in certain Skilled Worker roles. The trigger is residence abroad, not nationality.

Application processes vary by country and may involve local attendance, biometric information and certified translation. Where a certificate cannot be obtained, employers and applicants should document the steps taken and consider alternative risk mitigation measures.

 

Section G: Need Assistance?

 

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

 

Section H: Overseas Criminal Record & Police Check FAQs

 

What is an overseas criminal record check?

An overseas criminal record check is a certificate issued by a police force or designated authority outside the UK confirming whether an individual has a criminal record in that country. It is commonly required where a person has lived abroad and is applying for regulated employment or entry clearance under certain visa routes.

 

What is an overseas police check?

Answer can reuse your existing definition with slight adjustment.

 

When is an overseas criminal record check required in the UK?

The requirement arises in two main contexts. In regulated sectors such as education and healthcare, employers are expected to seek overseas criminal record information where an individual has lived abroad for 12 months or more. Separately, under Appendix Skilled Worker, certain entry clearance applicants in specified occupation codes will need to provide criminal record certificates for relevant countries of residence.

 

Is nationality relevant when deciding whether to request a check?

The relevant factor is residence abroad, not citizenship. A British citizen who has lived overseas for a prolonged period may be subject to the same expectation as a non-UK national.

 

Does an overseas criminal record check replace a DBS check?

A DBS check is required for eligible roles in the UK. An overseas criminal record certificate supplements, rather than replaces, the UK check where safeguarding or visa rules require additional information.

 

How long does an overseas criminal record check take?

Processing times vary by country. Some authorities issue certificates within days, while others may take several weeks or longer. Applicants should verify expected timeframes directly with the issuing authority and plan recruitment or visa submissions accordingly.

 

How recent must a certificate be for visa purposes?

For entry clearance applications where a criminal record certificate is required, the document is generally expected to have been issued no more than six months before the date of application. Sponsors should coordinate timing carefully to avoid expiry before submission.

 

What if a certificate cannot be obtained?

Where a visa route requires a certificate but it cannot be obtained, the applicant should provide a detailed explanation and evidence of attempts made. UK Visas and Immigration has discretion in limited circumstances. In safeguarding contexts, employers should document efforts made and consider alternative risk mitigation steps.

 

Can an employer refuse a job offer based on overseas criminal record information?

An employer may take criminal record information into account where it is relevant to the role. Decisions should be proportionate and consistent with the Rehabilitation of Offenders Act 1974, equality legislation and data protection principles. Blanket exclusion policies are unlikely to be defensible.

 

Do overseas criminal record certificates expire?

There is no universal expiry period. However, certificates reflect a person’s record at the time of issue. If the individual has lived in the relevant country since the certificate was issued, or if significant time has passed, a new certificate may be appropriate as part of a refreshed risk assessment.

 

Section I: Glossary

 

 

TermDefinition
Overseas Police CheckA general term used in UK employment and immigration contexts to describe a criminal record certificate issued by a foreign police or government authority.
Overseas Criminal Record CheckA certificate issued by a foreign police or government authority confirming whether an individual has a criminal record in that country.
Disclosure and Barring Service (DBS)The UK body responsible for issuing criminal record checks for eligible roles within the UK.
Appendix Skilled WorkerThe section of the Immigration Rules setting out the requirements for the Skilled Worker route, including when criminal record certificates are required for entry clearance.
Entry ClearancePermission granted overseas allowing an individual to travel to and enter the UK under a specific visa category.
Standard Occupational Classification (SOC) CodeThe code assigned to a job role for immigration purposes, which may determine whether additional requirements such as criminal record certificates apply.
Right to Work CheckA mandatory check carried out by UK employers to confirm that an individual has lawful permission to work in the UK.
Rehabilitation of Offenders Act 1974UK legislation governing when criminal convictions become spent and how they may be considered in employment decisions.

 

 

Section J: Useful Links

 

 

ResourceDescription
GOV.UK – Criminal records checks for overseas applicantsOfficial guidance on obtaining criminal record information from countries outside the UK.
GOV.UK – Disclosure and Barring Service checksInformation on the different types of DBS checks and when they apply.
GOV.UK – Skilled Worker visa guidanceRoute-specific guidance, including when criminal record certificates are required for entry clearance.
GOV.UK – Data protection and employmentOverview of employer responsibilities when processing personal and criminal record data.

 

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About our Expert

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Anne Morris

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
Picture of Anne Morris

Anne Morris

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.

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The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.