International background checks for candidates who lived abroad
When a candidate has lived or worked outside the UK, UK checks only tell part of the story, because DBS cannot access criminal records held overseas. Employers fill the gap with an overseas criminal record certificate, overseas references and evidence of qualifications.
Whether you must do this depends on the sector. The Home Office says: "There are some statutory requirements for employers to carry out such checks in the health and education sectors, but elsewhere it is only best practice to do so." Schools and colleges in England have specific duties under Keeping children safe in education. For other roles, our view is that overseas checks are justified only where you would run the equivalent UK check.
Base the checks on where the person has lived and worked, never on nationality. Under the Equality Act 2010 in Great Britain, and the Race Relations (Northern Ireland) Order 1997 in Northern Ireland, race includes nationality and national origins. Where a country does not issue certificates, the Home Office expects employers to gather as much information as possible through references before deciding.
Why UK checks leave a gap
DBS cannot access criminal records held overseas. In a small number of cases overseas records are held on the Police National Computer and will appear on a DBS certificate, but you cannot rely on that. The government's Baseline Personnel Security Standard says the same of Disclosure Scotland and AccessNI.
A UK check is still worth doing where the role is eligible. DBS accepts an application while the applicant is overseas, and you must still verify their identity. In England, schools and colleges must obtain an enhanced DBS certificate even for someone who has never been to the UK. Our criminal record checks page explains which UK level a role can have.
Required, expected or best practice
The Home Office position is that some statutory requirements apply in health and education, and elsewhere overseas checks are best practice. In England, Keeping children safe in education says schools and colleges must make any further checks they think appropriate so that relevant events outside the UK can be considered, and should take the same approach whether the person lived in the EEA or the rest of the world. Our health and social care page covers care settings.
Visa rules are separate. The Home Office says people applying for Skilled Worker entry clearance in listed occupations, mostly in education, health and social care, must provide a criminal record certificate for any country where they lived for 12 months or more in the 10 years before applying, while aged 18 or over. Their adult dependent partners must do the same. That is a condition of the visa under the Immigration Rules, and the sponsor tells the applicant whether it applies. It does not replace your own recruitment checks.
| Situation | Basis | Where it applies |
|---|---|---|
| Schools and colleges | Keeping children safe in education: same checks as other staff, plus further checks for time outside the UK | England |
| Health and education roles generally | Home Office: some statutory requirements | Depends on the sector rules for the nation |
| Government work | BPSS: assurance if overseas for six months or more in the last three years | UK government and suppliers |
| Any other role | Home Office: best practice only, where the role justifies a criminal record check | UK wide |
Overseas criminal record certificates
The process varies by country. The Home Office publishes country guides on applying for a criminal records check for someone from overseas, and the application is made in the country concerned or to its embassy in the UK. If a country is not listed, contact its embassy or consulate.
Expect variation. DBS says the standard of foreign police checks varies and that it is not responsible for their contents or how long they take. Keeping children safe in education adds that not all countries provide criminal record information, and that disclosure thresholds often differ from the UK's. If a certificate needs translating, DBS says you or the employee should get a certified translation, and the country's embassy may be able to help.
Where no certificate is available, the Home Office says: "In the absence of available checks, we would expect employers to obtain as much information as possible in the form of references before deciding whether to make an offer of employment." Schools and colleges should use other ways of checking suitability or carry out a risk assessment.
Overseas references and qualifications
BPSS lists the kinds of evidence that help for time abroad: proof of overseas residence, overseas employee or academic references, references from UK bodies based overseas such as Foreign, Commonwealth and Development Office missions or the British Council, and official overseas police certificates where available. For teachers, Keeping children safe in education suggests a letter, obtained via the applicant, from the professional regulating authority in each country where they worked.
For qualifications, GOV.UK says you can contact the UK National Information Centre (UK ENIC) to compare a UK qualification with any non-UK qualification, and that there is a fee. Otherwise, ask the candidate for the certificate and, with their knowledge, confirm it with the awarding institution. The ICO suggests offering to see originals in person, because they may be expensive to replace.
Sending candidate information overseas
Contacting an overseas referee, former employer or university can mean sending personal information abroad. The ICO's three-step test says you are making a restricted transfer if UK GDPR applies to the information, you initiate the transfer, and the recipient is a separate organisation outside the UK. The rules apply even to small, infrequent transfers.
Every restricted transfer needs UK adequacy regulations, appropriate safeguards or an exception, and the organisation that initiates it is responsible for complying. Start by mapping where candidate information goes. The ICO's draft vetting guidance also says processing criminal offence information for vetting will in most circumstances be high risk and needs a data protection impact assessment.
Fairness and nationality
Section 9 of the Equality Act 2010 says race includes colour, nationality and ethnic or national origins. Section 39 says an employer must not discriminate in the arrangements it makes for deciding to whom to offer employment, and direct discrimination under section 13 means treating someone less favourably because of a protected characteristic. These sections extend to England, Wales and Scotland; in Northern Ireland the Home Office points to the Race Relations (Northern Ireland) Order 1997.
In practice, ask every candidate the same question about where they have lived and worked, and apply the same checks to everyone with time abroad, including British citizens. BPSS says a lack of UK residency may not be an automatic bar to employment, and the ICO says you cannot assume a candidate is being untruthful.
Timing
The ICO says verification should, where possible, be limited to successful candidates, so ask for overseas evidence after a conditional offer unless a sector rule says otherwise. DBS is not responsible for how long overseas certificates take, so ask early and agree what happens if one is delayed. BPSS allows organisations to risk-manage and onboard someone with limited UK residency; schools and colleges use a risk assessment. HRjoy does not run checks; we can help you write an overseas checks policy and introduce you to our screening partners.
What to tell the candidate
- Tell candidates early which overseas checks you will ask for, why, and how long you will keep the results.
- Ask about where they have lived and worked, not about nationality.
- Candidates usually apply for overseas certificates themselves, in the country concerned or through its embassy in the UK.
- If a certificate cannot be obtained, let the candidate explain what they tried and offer references instead.
- Give the candidate a chance to explain anything unexpected before you decide.
Sources
- Guidance on the application process for criminal records checks overseas · GOV.UK (Home Office)
- Criminal records checks for overseas applicants · GOV.UK (Home Office)
- DBS check requests: guidance for employers · GOV.UK (Disclosure and Barring Service)
- Keeping children safe in education 2026 · GOV.UK (Department for Education)
- UK Government Baseline Personnel Security Standard, Version 7.0, June 2024 (HTML) · GOV.UK (Cabinet Office)
- What qualification levels mean: compare different qualification levels · GOV.UK
- A brief guide to international transfers · ICO
- Pre-employment vetting of candidates · ICO
- Verifying candidates · ICO
- Equality Act 2010, section 9 · legislation.gov.uk
- Equality Act 2010, section 13 · legislation.gov.uk
- Equality Act 2010, section 39 · legislation.gov.uk
- Employer's guide to right to work checks: 1 October 2026 · GOV.UK (Home Office)
General information for employers in the UK, not legal advice. HRjoy advises on screening policy and fair process. We do not run checks ourselves; where you need checks run, we can introduce you to our screening partners. Check the official sources for your situation.
When it’s justified
Usually justified
- Staff in schools and colleges in England who have lived or worked outside the UK
- Health and education roles covered by a sector rule that requires checks for time abroad
- Government work under BPSS, where the person lived overseas for six months or more in the last three years
Only if the role justifies it
- Other roles that justify a UK criminal record check, where time abroad leaves a gap: the Home Office calls this best practice
- Overseas references, where the candidate's work abroad is relevant to the job
- A comparison of an overseas qualification through UK ENIC, where the qualification is a genuine requirement of the role
Rarely or never justified
- Asking for overseas checks because of nationality, name or accent rather than where someone has lived
- An overseas criminal record certificate for a role where you would not ask about a UK criminal record
- Rejecting a candidate automatically because their country does not issue certificates
Questions
Something else? Ask us.
Do I have to get an overseas criminal record check?
Only in some sectors. The Home Office says there are some statutory requirements in the health and education sectors, but elsewhere it is only best practice. Outside those sectors, ask for one only where the role would justify a UK criminal record check and the candidate's time abroad leaves a gap.
What if the candidate's country does not issue certificates?
Some countries do not have a functioning criminal record system or only issue certificates to their own citizens. The Home Office expects employers in that position to obtain as much information as possible through references before deciding whether to make an offer. Record what you tried and why you decided as you did.
Does a British citizen who worked abroad need the same checks?
Yes, if the role justifies them. The gap comes from time spent outside the UK, not from nationality, and discrimination law across the UK treats nationality as part of race. Ask everyone the same question about where they have lived and worked.
Can we check a degree awarded overseas?
Yes, where the qualification matters for the role. GOV.UK says you can contact UK ENIC to compare a UK qualification with a non-UK one, for a fee. You can also ask the candidate for the certificate and, with their knowledge, confirm it with the institution that awarded it.
Related checks
- Criminal record checks for employers Which criminal record check a role can lawfully have in England, Wales, Scotland and Northern Ireland, and how to run it fairly.
- Employment references: what employers can ask and when When to ask for references, what to ask, the sector rules for care, schools, early years and FCA firms, and how to treat candidates fairly.
- Right to work checks: who to check and how from October 2026 Who needs a right to work check from 1 October 2026, including workers and sub-contractors, how each of the three methods works and follow-ups.
- Identity and address verification for employers What an employee identity check proves, how it differs from right to work, certified digital ID services, false documents and when to verify an address.
- BPSS checks: the Baseline Personnel Security Standard explained Who needs BPSS, the four checks in version 7.0, the three-year employment history and gaps rule, and why BPSS is not SC or DV security clearance.
Sector guides
- Pre-employment checks in health and social care in England What CQC regulation 19 and Schedule 3 require, which DBS check each care role can have, professional registers and agency staff checks in England.
- Background checks in financial services Which checks SM&CR firms need for senior managers, certification staff and other roles: FIT, financial soundness and SYSC 22 regulatory references.
Also covered in our guides for Childcare, Education, Public sector and Security and facilities.
Related answers
- What are the protected characteristics under the Equality Act 2010? The Equality Act 2010 lists nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. In Great Britain, employers must not discriminate against job applicants, workers or former workers because of any of them.
- How do employers carry out right to work checks? Before someone starts work, employers should carry out one of three prescribed checks: a manual check of original documents, a Home Office online check using a share code, or a check through a registered right to work digital verification service provider. Done correctly, it gives a statutory excuse against a civil penalty of up to £60,000 per illegal worker.
- How should employers handle an employee subject access request? Employers should recognise the request, which can be made verbally or in writing, confirm the person's identity if needed, make a reasonable and proportionate search and respond without undue delay and within one month. Complex requests can be extended by up to two months. A fee usually cannot be charged, and information about other people may need redacting.