The rules requiring Tier 1 applicants to provide criminal record certificates are now in force. Since 1 September 2015 all Tier 1 Investor and Entrepreneur Migrants applying for entry clearance to the UK now need to obtain an overseas criminal record certificate which they will need to provide when submitting their applications. All applicants in these categories (i.e. Tier 1 Investors and Entrepreneurs) are required to produce a criminal record certificate from every country (excluding the UK) they have lived in continuously for 12 months or more in the 10 years prior to the application date. Any adult dependants (over the age of 18 years old) applying with the main applicant under these routes are required to produce certificates for the same period.
Applicants are required to submit original certificates, which will only be considered valid if they were issued within 6 months of the application date. Additionally, if the original criminal record certificates are not in English applicants need to provide a translated copy of the certificate, which complies with the requirements of the Immigration Rules.
Failure to provide the required criminal record certificate, without an acceptable explanation, will lead to a mandatory refusal of the application under the General Grounds of Refusal under the Immigration Rules. Applicants should also be aware that producing fraudulent or false certificates may lead to a 10-year ban on entry to the UK.
In our recent experience, obtaining criminal record certificates has been a complicated and timely process and we would therefore suggest that potential applicants familiarise themselves with the procedure involved in obtaining such certificates, which can vary from country to country, so as to not cause any unnecessary and detrimental delays to the application process.