Criminal Record

[Nitch]

Hi All,

When applying for T1E, it is my understanding that I should provide a criminal record check for all countries I lived in for over 12 months during the past 10 years.
For me and my wife this includes the US, HK and the UK.
Do I need to provide the criminal record check for the US and HK only, or also for the UK?
Additionally, I recall some sort of cooperation between the US and UK from when I got my Tier 2 General, where the US authorities took the fingerprints for the UK. Does this mean I may be able to skip the FBI record check?

Thanks in advance

[zimba]

Hi All,

When applying for T1E, it is my understanding that I should provide a criminal record check for all countries I lived in for over 12 months during the past 10 years.
For me and my wife this includes the US, HK and the UK.
Do I need to provide the criminal record check for the US and HK only, or also for the UK?
Additionally, I recall some sort of cooperation between the US and UK from when I got my Tier 2 General, where the US authorities took the fingerprints for the UK. Does this mean I may be able to skip the FBI record check?

Thanks in advance

You cannot skip the FBI checks. You should get separate US criminal record certificates from FBI CJIS Division if you lived there continuously for at least 12 months in the last 10 years. Obviously a check is not required for the time lived in the UK. The guide is very clear on what you should get:

The original certificate, for each country (excluding the UK) where you have resided continuously for 12 months or more in the last 10 years, since aged 18 years old, issued by the overseas authority

Read the Overseas Criminal Record certificate (page 6) of the Tier 1 E guide: https://www.gov.uk/government/uploads/s ... 1_2015.pdf

[Nitch]

Thank you very much, this cleared things up.

[Nitch]

Hello again,

A solicitor just told me that since I'm applying from inside the UK there is no need for the security clearance and therefore I do not need to provide criminal records. I'm not able to find any reference for this, can any one confirm this?

Thanks in advance!

[zimba]

Hello again,

A solicitor just told me that since I'm applying from inside the UK there is no need for the security clearance and therefore I do not need to provide criminal records. I'm not able to find any reference for this, can any one confirm this?

Thanks in advance!

He is right. If you are switching to Tier 1 within the UK, the criminal record is not required. You will only fall under the general grounds for refusal (based on Immigration paragraph 320(2A)) if you are seeking entry to the UK from outside and you failed to get the criminal record certificate(s):

(2A) failure, if required to do so, by a person seeking entry to the United Kingdom to provide a criminal record certificate from the relevant authority in any country in which they have been resident for 12 months or more, in the past 10 years