Criminal Record Check

[Jieun]

Dear all
I'm applying to switch from Tier 4 to Tier 2.
But I am not sure exactly what criminal record check certificates are required in my case, so I was hoping that anyone could advise me on this.

My job will involve spending some time with children (I am a researcher working in a university. Part of the job is to conduct experiments with children). Thus, the university said I need to get the DBS clearance. This makes sense because I have been living in the UK in the past 4 years.

Apart from that, when I apply for the visa (switch from Tier 4 to Tier 2), it says that I need to provide a criminal record check certificate from the countries that I have lived in the past 10 years "except for the UK".
Does this really mean that, I will NOT need DBS for the visa application, but would only need the certificates from my home country or any other foreign country that I've lived for more than 1 year in that past 10 years?
Or, do I still need to have the DBS clearance for the visa application?
I am not sure also because what they say about the overseas certificates ("..you need to get certificates from countries "excluding UK") might apply to people who are applying from their own country (not to people who switch from another visa). I can be wrong about this.

My spouse is also applying for the dependent visa, and I assume that the same certificates will be required for my spouse as well?

I'd really appreciate any advice!
Thanks

[sarahkat]

Hey!! Did you ever find out? I am in the same situation, I am applying for my visa tomo =/

[smitham6]

Hey, I am also wondering about this. Applying for a Tier 2 Visa after being on youth mobility Tier 5 and previously Tier 4 and having lived and worked in the UK for a few years now. Do I only need to obtain a copy of the criminal record check from my home country or also a copy of one done in the UK? Many thanks!

[sech]

Hi,

You can check your CoS regarding the job code of your position. Only the following jobs code will need a criminal record check. See page 22-23 of the Tier2 Guideline: https://www.gov.uk/government/uploads/s ... _04_17.pdf

The requirement applies where your occupation is defined by one of the following Standard Occupation Classification (SOC) codes:
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 elsewhere classified
2221 - Physiotherapists
2222 - Occupational therapists
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

If you are offered an academic position in university, I will assume your code will be:
2311 Higher education teaching professionals. In this circumstance, you may not require a criminal record check.

Further, as described in paragraph 76:

If you are a prospective Tier 2 (General) migrant in an occupation defined by one of SOC codes above, your sponsor should inform you of this requirement when they assign a Certificate of Sponsorship.

Therefore, The employer should inform you regard the requirement when they assign you the CoS. Do check it with the university.

Hope it helps.