Updates to immigration right to work and understanding Overseas Police Checks (OPC)
What is an Overseas Police Check (OPC)?
An Overseas Police Check (OPC), also known as a criminal record check, is a document that verifies whether an individual has a criminal record in a country outside the UK. This is a key requirement for individuals who have spent time abroad and are seeking employment or residency in the UK.
Who Needs an OPC?
Anyone who has entered the UK within the last five years must provide an OPC if they meet the following criteria:
They have stayed in a single country for more than six months within the past five years.
They have left the UK for over six months.
Their previous OPC has an expiry date and is no longer valid at the time of verification.
If a candidate's OPC has expired (e.g. valid for three months, six months, or 180 days), they must provide a new OPC before proceeding with any applications.
Specific Rules for OPC Requirements
An OPC is mandatory for stays exceeding six months in a single country within the last five years.
Validity periods vary by country (e.g., India - six months).
Expired OPCs cannot be accepted, even if they are just one day out of date.
If a candidate is unable to obtain a new OPC, they must provide a "Letter of Good Conduct" from the relevant authorities.
EU Nationals: Right to Work (RTW) Share Code and OPC
EU nationals who have been out of the UK for more than six months must provide:
A Right to Work (RTW) share code.
An OPC, verifying their criminal record status in any country they have stayed in for over six months.
Non-EU Nationals: Immigration Status Share Code and OPC
Non-EU nationals must provide:
An Immigration Status Share Code.
An OPC if they have spent more than six months in another country within the past five years.
Changes to BRP Cards
Due to changes in Home Office procedures, most to all physical Biometric Residence Permit (BRP) cards will be expiring from 31st December 2024. Instead, individuals must create a UKVI/E-VISA account and provide:
A Right to Work (RTW) share code (starting with the letter "W").
An Immigration Status Share Code (starting with the letter "S").
Final Thoughts
Ensuring compliance with OPC and share code requirements is crucial for both employers and candidates. By staying informed about validity periods, document expiry dates, and new Home Office procedures, individuals can avoid unnecessary delays in their application process. Employers should also ensure they are following the latest guidelines to maintain legal compliance and smooth recruitment operations.