Overseas
The CRB cannot currently access
overseas criminal records or other relevant information as part of
its Disclosure service. If you are recruiting people from overseas
and wish to check their overseas criminal record, a CRB Check may
not provide a complete picture of their criminal record that may or
may not exist.
To help you get a fuller picture of their background, the CRB
provides guidance on how you can get further information from the
countries listed right.
If the country that you are looking for is not listed you may wish
to contact the country’s representative in the United
Kingdom. Contact details for those countries that have a
representative in the United Kingdom can be found on the Foreign
and Commonwealth website www.fco.gov.uk/lds
(new window) , telephone 020 7008 1500,
or on a document found on the Australian Government's website.
Please note: The CRB is not involved in the
processing of applications made by individuals to overseas
authorities and therefore will not be responsible for the contents
or the length of time taken for information to be returned.
For up-to-date information on the cost of an enquiry to a
particular country's representative, please see the Foreign and
Commonwealth Office website using the link provided above.
The information provided by overseas authorities may be in the
language of the country to which the application was made. It
may therefore be necessary for customers to have this information
translated. The CRB does not provide information about
translation issues.
Employing migrant workers
It is a criminal offence under section 8 of the Asylum and
Immigration Act 1996 to employ someone subject to immigration
control aged over 16 who does not have leave to be in the UK or
undertake the work in question.
You can establish a statutory defence from conviction under section
8 by seeing, copying and retaining the copy of certain specific
documents at the point of recruitment which demonstrate that the
work is permitted and by satisfying yourself that the documents
relate to your potential employee. The defence is not available if
you know that the work is not permitted or if you undertake the
checks after employing an indivdual.
A CRB check will not provide a section 8 statutory defence and you
should accordingly undertake the document checks to acquire the
section 8 statutory defence prior to the employment commencing as
well as undertaking the CRB check.
The Border and Immigration Agency operate an Employers' Helpline
and and Employer Checking Service to assist employers with
undertaking the appropriate document checks. Further details of
these services and comprehensive guidance on the law on preventing
illegal working can be found at www.bia.homeoffice.gov.uk/employingmigrants
(new window)
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