The UK’s immigration system and employment checks can be complex, especially for visa holders seeking work. Many employers wonder whether individuals with visas must undergo a criminal record check before starting a job. The answer depends on the job role, not the applicant’s nationality or immigration status. This article explains the link between DBS checks and immigration, when a check is required, and how visa holders can meet UK employment standards.
Do Visa Holders Need a DBS Check?
A DBS check is not based on whether someone is a visa holder. Instead, it depends purely on the responsibilities of the job. If the role normally requires a DBS check—such as working with children, vulnerable adults, financial services, health care, or certain regulated industries—then a visa holder must complete the same check as any UK citizen.
For most general jobs, a DBS check is not required. However, some employers request Basic DBS checks to ensure applicants do not have unspent convictions, regardless of immigration status.
Types of DBS Checks Available for Visa Holders
Visa holders may be asked to complete one of the following:
Basic DBS Check
Shows unspent convictions and cautions. This is the most commonly requested for immigration-related vetting or general employment screening.
Standard DBS Check
Includes both spent and unspent convictions, warnings, and reprimands. Required for certain jobs in law, security, or regulated professions.
Enhanced DBS Check
Required for roles involving children or vulnerable groups. This check may include relevant local police information.
Employers cannot request a higher-level DBS check unless the role is legally eligible.
DBS Checks for Skilled Worker Visa Applicants
When applying for a Skilled Worker Visa, individuals in certain sensitive occupations—such as education, health, or social care—may need to provide a criminal record certificate from their home country. This is separate from a DBS check.
Once employed in the UK, if the role falls under regulated activity, they must also undergo the appropriate UK DBS check.
How Employers Should Handle DBS Checks for Visa Holders
Employers must:
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Ensure the role is legally eligible for the type of DBS check requested.
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Follow Right-to-Work guidelines.
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Apply the same DBS requirements to all applicants, regardless of immigration status, to avoid discrimination.
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Allow visa holders additional time to gather foreign criminal record documents if required.
For easy, fast, online DBS applications, you can use ClearCheck.co.uk.
DBS Checks vs. Right-to-Work Checks
These are two different processes:
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Right-to-Work checks confirm immigration permission to work.
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DBS checks confirm criminal record status.
A visa holder may need both before starting employment, depending on the job role.
FAQs
Do all visa holders need a DBS check?
No. A DBS check is only required if the job role itself requires one, not because the applicant is a visa holder.
Can a visa holder apply for a DBS check?
Yes. Visa holders living or working in the UK can complete any level of DBS check through a registered organisation.
Do Skilled Worker Visa applicants need a criminal record certificate?
Some occupations require it. This is separate from a DBS check and depends on the job type.
Will a foreign conviction show on a DBS check?
It may, depending on data-sharing agreements and the seriousness of the offence. However, employers may also request a certificate from the applicant’s home country.
