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Tier 1 Applicants expected to undergo a Criminal Record Check before applying to come to the UK

Tier 1 Applicants expected to undergo a Criminal Record Check before applying to come to the UK

Yesterday the Immigration Minister, James Brokenshire, announced additional requirements for those applicants applying under the Tier 1 Entrepreneur or Investor routes. These requirements are aimed to crackdown on applicants with criminal records outside the UK, however the effect of the new changes will affect all applicants coming to the UK.

The application process for criminal records checks or ‘Certificates of Good Character’ for someone from overseas varies from country to country. You’ll have to apply in the country or to the relevant embassy in the UK.

If you are applying for entry clearance under any of the following visa routes, you must provide a criminal record certificate for any country (excluding the UK) where you have lived for 12 months or more (whether continuous or in total), in the 10 years before your application, while aged 18 or over.

Tier 1 (Entrepreneur)

Tier 1 (Investor)

Tier 2 (General) Worker in education, health or social care sectors (see below)

Dependent partner (over 18 years old) of the main applicant in any of the above routes, either together with the main applicant or separately

The Key Facts:

– Applicants applying from outside the UK on or after 1st September 2015 will be expected to provide a criminal record certificate with their application

– Their dependants over the age of 18 will also be expected to provide the same

– A certificate will be needed from any country the applicant has resided in continuously for 12 months or more, in the 10 years prior to your application

– Each certificate will have to be dated within the 6 months before the application date and be translated if not in English

– Should an Applicant fail to provide a certificate, they must provide evidence as to why they could not provide the certificate, it will then be at the UKVI discretion whether to waive the requirement to obtain the certificate

– Failure to produce a certificate when required will result in the application being refused

  • Producing a false certificate or submitting false information can result in the applicant facing a 10 year entry ban for the UK

– All Tier 2 (General) visa applicants who want to work in specified health, education or social care sectors must provide a criminal record certificate.

This is a new requirement being implemented as part of a trial measure and it is expected to be rolled out to other applicants in the following months.

This change marks yet another requirement for a person seeking to move to the UK. Westkin Associates have over 16 years experience working acoross all areas of immigration law.

Our immigration lawyers are happy to provide a full application service to ensure that your move to the UK is as stress-free as possible. Contact us today on 0207 118 4546, via info@westkin.com or using the enquiry box on this page.

We can assist you with getting the necessary paperwork in order to support your visa application. Our team of expert lawyers and solicitors at Westkin Associates have a wealth of experience in working on difficult cases and have seen much success in helping applicants with these. If you are concerned about your visa application, please do get in touch with us and we will be happy to further assist you.

What do you think of in the new criminal record checking proposals? Let us know your thoughts below.

Westkin Associates

info@westkin.com

5th Floor, Maddox House,
1 Maddox Street
Mayfair
London
W1S 2PZ
United Kingdom
0207 118 4546

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