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Criminal Record Check for UK citizens
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nlb65



Joined: 02 Aug 2006

PostPosted: Mon Dec 17, 2007 4:10 pm    Post subject: Reply with quote

Hi, I'm currently applying for my subject access check. I think it's important that this thread becomes a sticky.

I understand how to get the actual check done (contact my police force, fill in forms etc.). Things then become more complicated. Before we even get our documents apostilled at the foreign office, we need to get them signed by a member of the criminal records bureau, uk solicitor or notary public.

This is from their website:

Quote:
National Identification Certificates and Disclosure Documents

Only original documents issued by the National Identification Service (NIS) and signed by an NIS official can be legalised. Original disclosure documents must be signed by a member of the Criminal Records Bureau or a UK solicitor or notary public before they can be legalised. We cannot legalise photocopies of NIS or disclosure documents.


How do we do that?
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daz1979



Joined: 29 Apr 2006
Location: Gangwon-Do

PostPosted: Mon Dec 17, 2007 5:04 pm    Post subject: Reply with quote

mrsquirrel wrote:
Subject access doesn't show any cautions


I believe it does!
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Gwangjuboy



Joined: 08 Jul 2003
Location: England

PostPosted: Tue Dec 18, 2007 5:59 am    Post subject: Reply with quote

xanderspuppy wrote:
seoul101 wrote:
I don't know if the Basic Disclosure shows cautions. xanderspuppy, are you sure Korean immi wouldn't accept an appostiled Basic Disclosure?


Not 100% sure, no. I can't remember now where I read it mentioned for UK people to get a subject access report, I'd never heard of it before and already have 3 Disclosure Scotland certificates (not less than 3 months old though). I tried the site's FAQ and could only see this: http://www.disclosurescotland.co.uk/FAQ49x.htm relating to working overseas. I guess the best people to ask would be the Korean immigration people in the UK - good luck with that, I didn't much sense from them. The Disclosure Scotland people would probably be more helpful.



I spoke with someone from Disclosure Scotland on the phone and they said that the basic check could be used abroad. I have already applied for it. It's slightly more expensive but it is processed more quickly that the subject access check. I had assumed that it would be okay with immigration as they wouldn't no one from the other anyway.
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seoul101



Joined: 13 May 2006
Location: Seoul

PostPosted: Tue Dec 18, 2007 7:05 am    Post subject: Reply with quote

I hope you're right there Gwangjuboy - can it also be apostilled with no problems?
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mrsquirrel



Joined: 13 Dec 2006

PostPosted: Wed Dec 19, 2007 1:11 pm    Post subject: Reply with quote

I was wrong

Last edited by mrsquirrel on Wed Dec 19, 2007 3:08 pm; edited 1 time in total
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mrsquirrel



Joined: 13 Dec 2006

PostPosted: Wed Dec 19, 2007 1:14 pm    Post subject: Reply with quote

Disclosure Scotland will get the check to you in a week or so

It took 10 days for mine including one day where they sent a letter and wanted confirmation of my address - this was all to the UK.

Not sure how long it would take overseas. I was able to pay by credit card from here and have it delivered to my family home.
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Beeyee



Joined: 29 May 2007

PostPosted: Wed Dec 19, 2007 3:00 pm    Post subject: Reply with quote

mrsquirrel wrote:
Disclosure Scotland will get the check to you in a week or so

It took 10 days for mine including one day where they sent a letter and wanted confirmation of my address - this was all to the UK.

Not sure how long it would take overseas. I was able to pay by credit card from here and have it delivered to my family home.


Nice.

Is the basic disclosure good enough for immigration?
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alinkorea



Joined: 02 May 2005

PostPosted: Wed Dec 19, 2007 3:00 pm    Post subject: Reply with quote

Mrsquirrel, the info you're giving is totally wrong. A basic check will show cautions that haven't been stepped down. Depending on the offence (catagory A, B or C) the offence will be stepped down after 5 years (catagory B.C) or 10 years (A) After it's been stepped down it wont show on a basic dislosure. This info can be found on the Basic disclosure site, and has been conformed after numerous emails to BasicDislosure, the police, Liberty ....
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mrsquirrel



Joined: 13 Dec 2006

PostPosted: Wed Dec 19, 2007 3:08 pm    Post subject: Reply with quote

^ There you go then.

Than you for putting me right. I was obviously misled after reading through the information.
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Gwangjuboy



Joined: 08 Jul 2003
Location: England

PostPosted: Wed Dec 19, 2007 3:13 pm    Post subject: Reply with quote

alinkorea wrote:
Mrsquirrel, the info you're giving is totally wrong. A basic check will show cautions that haven't been stepped down. Depending on the offence (catagory A, B or C) the offence will be stepped down after 5 years (catagory B.C) or 10 years (A) After it's been stepped down it wont show on a basic dislosure. This info can be found on the Basic disclosure site, and has been conformed after numerous emails to BasicDislosure, the police, Liberty ....


Actually it doesn't depend on the type of offence committed; it depends on the severity of the sentence. If you serve over two and a half years in prison the conviction can never be spent and will always appear on a basic disclosure.
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alinkorea



Joined: 02 May 2005

PostPosted: Wed Dec 19, 2007 4:41 pm    Post subject: Reply with quote

Gwanjuboy. You're referring to prison sentences, which as you say, depend on sentence length rather than the offense committed. Lengthly sentences can never be spent. Shorter ones, under 2.5 years I believe, after a certain length of time are 'spent.'
I was referring to cautions which are stepped down depending on the offence
Also, the Basic Disclosure is all the info the Korean authorities are entitled to see. Full Disclosures (which show 'everything' even spent cautions and convictions) are subject to the Rehabilitation of Offenders Act, meaning a spent conviction by law can't hinder a persons right to employment, housing etc. Korea obviously isn't bound by this Act, therefore they have no right to the information shown on an enhanced disclosure
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Bingo



Joined: 22 Jun 2006

PostPosted: Wed Dec 19, 2007 6:07 pm    Post subject: People with dual citizenship and the new E2 rules. Reply with quote

What about persons who have dual citizenship? Koreans, being as thick as planks in administrative manners, are surely going to be baffled by this. There are many people here who were born in one country, but spent their entire adult life in another. Many still travel on the passport of their native country. If we show Koreans a criminal record check from the country where we spent our entire adulthood, are they going to be completely and utterly puzzled when it's from a country other than that stated in our passport?

Are they going to insist, instead, that what they need is a criminal record from the country whose passport we travel on, irregardless of the fact that we may have left that country as infants (and couldn't possibly have a criminal record there)? Will they disregard the criminal record check from the country where you spent your entire adulthood as useless and unacceptable? I can just see the nonsense now.

- "Oh, Mr. Smith. We can't accept this criminal record check from the USA. You travel on a British passport, not an American passport."
- "I simply do that for convenience and sentimental purposes. I left England at the age of two months. The chances of my having a criminal record there are pretty slim."
- "But your alien card says 'United Kingdom', so immigration can't accept a criminal check from the US."
- "But Mr. Kim, I have lived in the US for thirty three years. I left the UK as an infant, still in diapers, at eight weeks of age."
- "I know, but they say the check must match your passport. I'm sorry, they can't accept a criminal check from the US."
- "Fine, I'll get one from the UK too and submit them both to immigration."
-"No, no. You don't need to do that. The UK check alone will be good enough."

Should I simply anticipate Koreans' utter lack of common sense and get one from my country of birth, rather than where I spent my adult life? (I don't want to screw myself over by failing to consider Korea's dynamic sparklieness when it comes to logic.)
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semphoon



Joined: 18 Nov 2005
Location: Where Nowon is

PostPosted: Wed Dec 19, 2007 6:52 pm    Post subject: Reply with quote

So after we get the CRC, we have to send it to these guys to get it apostilled?
http://www.apostilleinfo.com/uk.htm

Is this right?
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Gwangjuboy



Joined: 08 Jul 2003
Location: England

PostPosted: Wed Dec 19, 2007 8:42 pm    Post subject: Reply with quote

alinkorea wrote:
Gwanjuboy. You're referring to prison sentences, which as you say, depend on sentence length rather than the offense committed. Lengthly sentences can never be spent. Shorter ones, under 2.5 years I believe, after a certain length of time are 'spent.'
I was referring to cautions which are stepped down depending on the offence
Also, the Basic Disclosure is all the info the Korean authorities are entitled to see. Full Disclosures (which show 'everything' even spent cautions and convictions) are subject to the Rehabilitation of Offenders Act, meaning a spent conviction by law can't hinder a persons right to employment, housing etc. Korea obviously isn't bound by this Act, therefore they have no right to the information shown on an enhanced disclosure



Sorry, I must have read you post too quickly. You were indeed refering to cautions.
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seoul101



Joined: 13 May 2006
Location: Seoul

PostPosted: Wed Dec 19, 2007 8:57 pm    Post subject: Reply with quote

semphoon, that seems right, although it seems they increased the fee to 27 quid!
http://www.fco.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1007029391440

I'm going to order a Basic Disclosure - has anyone successfully got one apostilled yet?
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