Employers in the health, education and social services sectors should notify their overseas employees of the new criminal record certificates requirement. From April 6 2017, Tier 2 applicants applying for entry clearance under specified Standard Occupational Classification codes and their adult dependants will be required to obtain a criminal record certificate from each country in which they have been resident for 12 months or more in the past 10 years. The 12-month period can be cumulative or consecutive.

Affected occupations

The affected occupations are specifically those within the health, education and social services sectors – namely:

  • 1181 – health services and public health managers and directors;
  • 1184 – social services managers and directors;
  • 2211 – medical practitioners;
  • 2212 – psychologists;
  • 2213 – pharmacists;
  • 2214 – ophthalmic opticians;
  • 2215 – dental practitioners;
  • 2217 – medical radiographers;
  • 2218 – podiatrists
  • 2219 – health professionals not classified elsewhere;
  • 2221 – physiotherapists;
  • 2222 – occupational therapists;
  • 2223 – speech and language therapists;
  • 2229 – therapy professionals not classified elsewhere;
  • 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 classified elsewhere;
  • 2442 – social workers;
  • 2443 – probation officers; and
  • 2449 – welfare professionals.

Comment

Applicants subject to criminal record checks should start their application process early to avoid disappointment, as it may take months in some countries to obtain the certificates. The Home Office has provided country-specific guidance on how to obtain such certificates; however, employers are advised to confirm the requirements with the relevant authorities.

For further information on this topic please contact Yuichi Sekine at Magrath LLP by telephone (+44 20 7495 3003) or email (yuichi.sekine@magrath.co.uk). The Magrath LLP website can be accessed at www.magrath.co.uk.

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