Criminal record check for Tier 2 UK migrants

From 6 April 2017 those applying to come to the UK to undertake certain jobs, along with their adult dependants, will be subject to the requirement under the Immigration Rules to produce a criminal record certificate. The certificate must be produced from any country in which they have been resident for 12 months or more, consecutively or cumulatively, in the previous 10 years, aged 18 or over.
From January 2017, sponsors must start informing prospective employees at the point they assign their Certificate of Sponsorship that they may become subject to this requirement by the time they make their application. This will enable them to begin seeking certificates where needed at the earliest opportunity, and to lodge a complete application for entry clearance sooner.
Affected job titles are:

  • Health services and public health managers and directors
  • Social services managers and directors
  • Medical practitioners
  • Psychologists
  • Pharmacists
  • Ophthalmic opticians
  • Dental practitioners
  • Medical radiographers
  • Podiatrists
  • Health professionals not elsewhere classified
  • Physiotherapists
  • Occupational therapists
  • Speech and language therapists
  • Therapy professionals not elsewhere classified
  • Nurses
  • Midwives
  • Further education teaching professionals
  • Secondary education teaching professionals
  • Primary and nursery education teaching professionals
  • Special needs education teaching professionals
  • Senior professionals of educational establishments
  • Education advisers and school inspectors
  • Teaching and other educational professionals not elsewhere classified
  • Social workers
  • Probation officers
  • Welfare professionals not elsewhere classified.

The requirement to produce a criminal record certificate already applies to those applying under Tier 1 (Entrepreneur) or Tier 1 (Investor) and any adult dependant relative of the main applicant in either of these categories.

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Verity Buckingham

About Verity Buckingham

Verity is experienced in all aspects of employment law and corporate immigration matters. She deals mostly with corporate clients advising on contentious and non-contentious employment matters. Verity's contentious practice includes defending claims in the Employment Tribunal and experience of Employment Appeal Tribunal litigation in relation to claims of unfair dismissal, discrimination, equal pay and whistleblowing.

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