Overseas Criminal Record Check: When and Why are They Required

Employers should be able to make informed decisions when hiring new employees, especially new employees who have lived or worked abroad. One of the important steps in this procedure is executing a criminal record check in the UK or an overseas criminal record check if required. So, when exactly do these checks need to happen, and why are they crucial?

What Is an Overseas Criminal Record Check?

Candidate’s past convictions, which could impact their employability, can be checked with a combination of criminal record checks. Local employers in the UK can use services such as the Disclosure and Barring Service (DBS), but UK employers need to take a different approach when trying to check criminal records in other countries.

An overseas criminal record check is usually done by directly applying for a criminal record certificate with the relevant country’s authorities. Different countries have different procedures for these checks, and they may or may not be reliable, available, or easy to fulfil.

When is an Overseas Criminal Record Check Required?

Employers may need to carry out an overseas criminal record check for different reasons, such as:

1. Hiring in Regulated Industries

There are various sectors in the UK where a high level of compliance with background screening requirements is needed, including:

• Healthcare and social care: Staff dealing with vulnerable people must go through stringent screening.
• Education: Schools and colleges have a requirement for enhanced vetting for staff working with children, which includes teachers and other educational staff.
• Financial services: Regulatory bodies mandate background checks to prevent fraud and financial misconduct.

2. Hiring Candidates Who Have Lived or Worked Abroad

Employers may wish to conduct an overseas criminal record check for these candidates. If an applicant has lived outside the country for an extended period, generally 12 months or more, over the last decade, an overseas criminal record check can be requested as part of completing a thorough background check.

3. Issuing a Skilled Worker Visa Sponsor Certificate

Some work visa routes permit candidates to obtain a visa with no restrictions, but they require the provision of a criminal record certificate. For instance, education healthcare, and social care applicants under the Skilled Worker visa category must provide an overseas criminal record certificate from each country they have lived in for more than a year after turning 18.

Steps for Requesting an Overseas Criminal Record Check

Every country has a distinct procedure for requesting an overseas criminal record certificate. Here is how it typically works:

• Determine the Appropriate Body: Most countries provide criminal record certificates through their police or a designated government department.
• File a Request: Depending on the country, requests for criminal records can be filled out online, through the mail, or in person.
• Attach Required Documents: Typically, passport photocopy, proof of domicile, and a processing fee are required.
• Wait for Processing: Processing times vary greatly from country to country. Some will issue certificates in a few days; others take several weeks.
• Translate the Certificate Obtained (if necessary): A certified translation is required if the certificate is in a different language, and not English.

Most of the time, employers will be willing to help the candidates choose their way through the red tape. However, the ultimate responsibility to obtain the certificate usually rests with the individual candidate.

Challenges in Overseas Criminal Record Checks

Even though criminal record checking is essential, there are some obstacles such as:

• Varied Methods and Problems of Accessing: Some countries have more advanced systems in place than others that have no clear method of document issuance.
• Missing Files or Poor-Quality Information: Not all criminal records are consistently maintained or shared internationally.
• Delay in Services: The time it takes to complete an application can take a very long time which adds to the waiting time for employment.
• Legal and Privacy Issues: Some countries have strict privacy laws that limit access to an individual's criminal history.

Employers need to consider these challenges concerning recruitment schedules and compliance with the law.

Conclusion

Checking criminal records domestically or overseas are part of the hiring process that need to be handle with care. These checks are not optional, and employers must, at the very least, uphold the reputation of the company and abide by workplace standards, regulations, and ensure the safety of all employees.

Comprehension of when and why these checks are undertaken helps businesses create a safe working environment while complying with employment laws. Contact us to learn more about overseas criminal record checks.