Requirement for Overseas Criminal Record Certificate extended to Tier 2 visas

What is changing?

Some applicants for Tier 1 visas have been required to provide an overseas criminal record certificate. From 6 April 2017, this requirement will be extended to Tier 2 visa applicants within the education and healthcare sectors. It will also apply to their adult dependents.

A duty will also be placed on education and healthcare sector employers to inform applicants of this requirement.

What do applicants need to do?

When applying for a Tier 2 visa on or after 6 April 2017, applicants will need to provide an overseas criminal record certificate from each country where they have resided continuously or cumulatively for 12 months or more in the 10 years immediately before the application.

This change does not affect those who submit their application on or before 5 April 2017.

Who does this requirement apply to?

This requirement is mandatory for all Tier 2 applicants sponsored to fill a vacancy covered by one of the following Standard Occupation Classification Codes:

1181 – Health services and public health managers and directors

1184 – Social services managers and directors

2217 – Medical radiographers

2218 – Podiatrists

2219 – Health professionals not elsewhere classified

2221 – Physiotherapists

2222 – Occupational therapists

2211 – Medical practitioners

2212 – Psychologists

2213 – Pharmacists

2214 – Ophthalmic opticians

2215 – Dental practitioners

2223 – Speech and language therapists

2229 – Therapy professionals not elsewhere classified

2231 – Nurses

2232 – Midwives

2312 – Further education teaching professionals

2314 – Secondary education teaching professionals

2315 – Primary and nursery education teaching professionals

2316 – Special needs education teaching professionals

2317 – Senior professionals of educational establishments

2318 – Education advisers and school inspectors

2319 – Teaching and other educational professionals not elsewhere classified

2442 – Social workers

2443 – Probation officers

2449 – Welfare professionals not elsewhere classified

What do employers need to do?

Employers in the education and healthcare sectors are under a statutory duty to inform those who they intend to sponsor under Tier 2 of this requirement.

Applicants should be informed as early as possible to ensure that they have time to apply for and obtain the certificate so that their visa applications are not delayed or refused.

When assigning a Certificate of Sponsorship to a prospective Tier 2 applicant, the employer should make them aware of the need to provide the certificate. This applies to all applicants who have been assigned a CoS on or after January 2017 and who will be applying for their visa on or after 6 April 2017.

What happens if an applicant can’t produce the certificate?

If an applicant can’t produce an overseas criminal record certificate covering the required 10-year period, a letter should be submitted with the visa application explaining why this is the case and what has been done to seek to obtain the certificate. It will then be at UKVI’s discretion whether the visa will be granted or refused.

For employers who have not had sight of the certificate, alternative supporting documents should be requested, such as references, before an offer of employment is made to show that the applicant is suitable for the role they are applying for.

How can Ward Hadaway help?

We can provide advice and guidance on these additional requirements along with any other issue that you may have with sponsoring individuals or with their visa applications.

For further information on how we can help, please contact Flora Mewies or another member of our Immigration Team.