If as a new graduate you are thinking of applying for jobs at companies based outside the UK, then you might have to go through the apostille system as a way of legalising your degree certificate and verifying it as genuine and official. This is an international system only, so if you are remaining in the UK there is no need to go through the process of legalising anything – your degree certificate is all you will need for job applications.

What is the Apostille System?

An Apostille stamp, also known as an Apostille seal, is an official government logo which can be added to official government documents. Having your degree certificate with an Apostille means that an official certificate accompanies the degree certificate, giving it the status of a legalised British document. Legalisation confirms the authenticity of the original signature, seal, and stamp on the document. It is a way for employers in overseas countries who are not familiar with the layout and format of degree certificates issued by British universities to verify that they are genuine. It’s not just degree certificates which can be legalised and have an Apostille certificate attached. The system can also be used for other government documents such as wedding certificates or birth certificates, as well as for business documents and financial statements from banks.

Getting an Apostille Stamp on Your Degree Certificate

If you are planning on moving overseas after graduating and think you might need an Apostille at some point in the future, it is best to sort the Apostille while still in the UK rather than trying to organise it remotely at a later date. The easiest way of getting an Apostille for any sort of document is by contacting us and letting us handle the process for you – we’re the experts and know all of the traps which people might fall into while trying to negotiate the process themselves.

If you would prefer to try to do it yourself, start by reading the guidance on the government website and compete the application form. Make sure that your document meets the requirements for Apostille, then send your application form, the required payment, and the document itself to the Legalisation Office in London. Don’t forget to give them your address so they can return the certificate with the Apostille stamp attached. The Legalisation Office usually turns around applications quickly but remember to factor in postal delays. If you are considering applying for jobs in countries where English is not widely spoken, you may have to pay to have your certificate and any academic transcript officially translated.

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Legal Consequences for Unauthorised School Absences

The government has introduced stricter rules to improve school attendance, and parents who take their children out of school face fines starting at £60, increasing to £120 if not paid promptly. From September 2024, these fines will rise to £80 and £160 respectively. If fines are not paid, parents can be taken to court, which might result in fines up to £1,000 or even a three-month prison sentence.

What Shows on a DBS Check?

A DBS certificate gives details about a job applicant’s criminal record and is often required for positions involving children or vulnerable adults. Minor fines for unauthorised absences (e.g., £60 to £160) typically do not appear on a DBS check, as long as they are paid off before it gets to the stage of taking the parent to court. At this point, fines are considered a civil matter.

Criminal Convictions

If, however, the fines are not paid, or if a parent is prosecuted and convicted for failing to ensure regular attendance, this is now a criminal matter and will be recorded. Convictions will be disclosed on all levels of DBS checks, depending on how recently the sentence was handed down. Once a conviction is spent, it will only appear on a standard or enhanced DBS certificate, not on a basic check. Furthermore, the Police has the power to “filter” convictions and cautions, which means that convictions which happened a long time ago, or which are not thought to be directly relevant to the position you are applying for, will not appear on your DBS certificate, whatever the level.

Impact on Employment Prospects

A criminal record related to school absences might affect your employment opportunities in the future. Employers can make recruitment decisions based on unspent convictions at their discretion, and each will have their own approach. For roles involving teaching or caring for children, employers are likely to view any criminal involving legal issues related to child welfare very unfavourably.

On the other hand, there are many types of employment which don’t require a DBS check at all, and as many employers have stopped asking about unspent convictions as standard, there is no way of them finding out. The best advice is that if you are fined for taking your children out of school for a holiday or for other reasons, to make sure that you settle the fine as soon as you become aware of it. That way, it can never affect your credit record, or criminal record.

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Getting a Right to Rent Check

From a student’s point of view, their landlord or agent is the one driving the Right to Rent process, so the key is to respond to their requests for documents rather than trying to organise the check yourself. Landlords who do not check that the people they are renting to are in the UK legally can face very hefty fines, so will typically take this process very seriously.

If you are negotiating a new tenancy agreement in the UK, then there are various routes to prove your Right to Rent depending on which documents you have.

• Valid Student Visa with BRP/Digital Status: first use the government immigration portal to generate share code. Give the share code to your landlord, who will use this to carry out the Right to Rent check online.
• Student Visa Entry Vignette (BRP not Collected Yet): if you haven’t yet received your Biometric Residence Permit (BRP), show your visa to your landlord who can then run a manual check, followed by an online check within 30 days when your BRP arrives.
• Student Visa Pending: show your landlord evidence that you have applied for a student visa. They will need to carry out an online check once the decision has been made. They may wait for the final decision before agreeing to rent property to you.
• Overseas and Waiting for Visa: if you have not yet arrived in the UK and are still waiting for your student visa, you should wait for this to arrive first. Landlords may agree to a tenancy in principle pending a Visa, but don’t have to.

Problems With Right to Rent

Landlords shouldn’t discriminate against tenants on the basis of any protected characteristics such as age, race or sex. However, refusing to rent to students as a group is not illegal and many landlords may have a blanket policy of only renting to working people. It may be tempting to deal with off the record landlords who are prepared to overlook the law, but without an official tenancy you have no guarantee that a property is even safe to live in. Your university’s accommodation office will be able to give further, specific advice.

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Reasons For Taking Up References

Despite the concerns that references are old-fashioned and fairly worthless, there are still some very good reasons why taking up references can give valuable information about a candidate.

• Fact Verification: Even basic references can confirm essential details like job titles and employment dates which can be checked against information a candidate has given on their CV.
• Duty of Care: Checking references demonstrates an employee’s commitment to due diligence in hiring and keeping their other members of staff safe.
• Insightful Information: While most references may be basic, others might offer valuable insights into the candidate’s performance and suitability for the role.

Practical Steps for Checking References

References should only be taken up after an offer has been made and accepted. Satisfactory references are usually a condition of employment. Employers are usually advised to have a consistent approach to references which typically means requesting references from the candidate’s previous line managers over the last five years. Candidates should also be asked for their permission before their referees are contacted, and it is best to use a standard form to ensure all referees are being asked for the same information. This doesn’t guarantee that previous employers won’t use their own forms anyway, but it does ensure the references are being requested in a standard way. Referees should be chased up if a response is not received in a reasonable period of time.

Challenges of Checking References

Candidates may be reluctant to provide referee contact details. Discuss their concerns and try to address their concerns. Often, discussing why you are checking references and how you go about it will be enough to convince them to provide names and numbers.

Similarly, people who are named as referees can be uncooperative or just fail to respond. Ask the candidate if there is someone else in the company who can provide a reference, or for requests to be redirected to the HR team. If references are incomplete, often a follow-up telephone call will provide the information you need.

References are Only Part of the Picture

Ultimately, while references can be valuable, they are just part of the picture when you are hiring a new worker. If everything else you have observed about someone is positive, is a single poor reference worth discarding them over? Always look at the full picture.

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Problems with Identity Documents

For people who don’t have either a passport or a driving licence, there are other groups of documents which can be used to support the DBS certificate application. These so-called “Group 2” documents include things like birth certificates, driving licences from countries outside the UK, immigration documents, financial statements from banks and building societies, or government benefit statements.

Lack of Suitable Documents from Either Group

It’s not as uncommon as you may think for people to have trouble providing the correct levels of documentation when applying for DBS checks. It is especially a problem for young people who have just left education, who do not drive, whose passport has expired and who do not have bank accounts or utility bills in their own name. Providing the right combination of documents can also cause issues for people who have only recently arrived in the UK and who have not been here long enough to build up a financial history.

Often, the best solution to this problem – and the cheapest – is to apply for a provisional driving licence, even if you have no intention of taking lessons or sitting a driving test in the near future. Having this key piece of documentation will make things much easier not just for getting a DBS check, but for other jobs such as opening a bank account. It can also be useful to open a basic bank account in your own name, or get your name on the family council tax, electricity, or gas bill.

If you still cannot supply the correct documents for a DBS check, then the final option is to make an appointment to have your fingerprints taken at the local police station for comparison with those held on the police database and filling in an old-style paper DBS application form rather than completing your application online.

Final Advice

Not having a passport or driving licence does not mean that you cannot get a DBS check. It just means you might have to be more creative about the documentary evidence you provide or go through the process of applying for a provisional licence which you don’t intend using. Whatever your circumstances, the DBS are likely to have come up against a similar situation before, so contact them using their helpline or email address, and ask for specific advice. Keep your employer informed about your progress, as they may also be able to give advice on your best route forwards.

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Types of Background Checks

Each employer will have their own checking process and should explain clearly which checks they are running and why. The most common checks which are used as part of background screening are:

• Criminal Record Checks: Known as DBS Checks in England and Wales, these look at convictions and cautions. The level of detail in the check varies by job level, location, and industry.
• Education Verification: Employers confirm the authenticity of academic degrees and certificates.
• Employment Verification: Past employers are contacted to confirm job titles, employment dates, and reasons for leaving.
• Credit Checks: These reveal a candidate’s financial position and history and are only relevant for positions involving financial responsibility.
• Social Media Checks: Employers may review a candidate’s online presence to assess professional conduct and potential risks.

What are Employers Looking for in a Background Check?

The focus of a background check depends on the job and the level of the check. Generally, employers look for red flags such as:

• Criminal Convictions: Some offences may rule you out from doing a role. In other situations, an employer may be happy to overlook a minor criminal past.
• Dishonesty on Applications: Lying about your qualifications or experience can be a deal-breaker.
• Financial Instability: Serious credit issues may raise concerns about trustworthiness in handling company finances or cash belonging to customers.
• Performance Issues: Negative references or poor performance documented by previous employers could be a valid reason for ruling out a candidate.
• Unsuitable Associations: Candidates with extremist views on religion or politics might pose risks to the company’s reputation and affect how they deal with their colleagues.

Candidates might refuse to undergo a background check and does not necessarily mean they have something to hide. Many are concerned about privacy or are unsure about how the process works.

What Happens If a Candidate Fails a Background Check?

If a background check reveals information which calls an applicant’s character into question, it can be disappointing for both the employer and the candidate. Should this happen, the employer will follow these steps:

• Inform the Candidate: Legally, the employer must inform the candidate and provide a copy of the report showing the facts which have caused the failure.
• Dispute Rights: The candidate has the right to dispute the findings and provide additional context or evidence before a final hiring decision is made – it is rare, but background checks can get it wrong.
• Final Decision: The employer must make the final decision based on the circumstances, available information, and potential risks, taking into account any information provided by the candidate.

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DBS Checks are Individual

DBS checks, and the similar checks run by the authorities in Northern Ireland or Scotland are designed to reveal the criminal record history of the applicant only. In nearly all cases, they do not disclose any information about family members or other associates on the applicant’s DBS certificate. There are certain situations in which this sort of information might be considered relevant though, so it’s important to know about the three levels of DBS check, and the detail which could be disclosed on each.

• Basic DBS Checks – a basic DBS certificate will reveal only unspent convictions. These checks are accessible to anyone, regardless of their role. Criminal records of other family members or close friends are never disclosed on a basic DBS check certificate.
• Standard DBS Checks – standard DBS certificates will disclose the applicant’s convictions, cautions, reprimands, and warnings, whether spent or unspent, if considered relevant by the Police. Again, other people’s criminal records will never be disclosed on a standard DBS check.
• Enhanced DBS Disclosure – this most detailed level of checking is usually carried out for roles involving contact with children or vulnerable adults. These checks can disclose all spent and unspent convictions, and additionally, local police forces can disclose any relevant information they hold about the applicant. This could include allegations, incidents not resulting in a criminal record, and third-party information, including that of family members, if it is relevant to the job role.

Situations Where Family Records May Be Relevant

For example, if someone is applying for a position working in a nursery or a sports coach, the local police will probably not disclose a family member’s criminal record for theft. However, they might take a different approach if the applicant’s partner is on the Children’s Barred List, a register of people who have been legally banned from working with children. Decisions are made on a case-by-case basis; there is no hard and fast rule, and Police will always look at individual circumstances.

Can Employers Refuse to Hire Based on Local Police Information?

Employers can consider any additional police information about associates or family members disclosed on a DBS certificate when making employment decisions. In roles involving vulnerable people, safeguarding is paramount. It is worth remembering though that enhanced disclosures only apply in a small number of roles so having family members with criminal records will not stop you from getting other types of employment.

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Key Reasons for Background Screening

Thorough background checks can help an organisation to identify potential security threats, reducing workplace misconduct and fostering a safer environment. This is as much about protecting other members of staff as it is about protecting the company’s profits. Background screening of social media, for example, can help determine whether someone’s values and beliefs align with the company’s values and can reduce the risk of the company being brought into disrepute by association with someone with very extreme views.

Types of Background Screening

Each company differs in the type of background screening they carry out. Some checks, such as DBS checks for people working in education or healthcare, are legally required and the employer has no discretion over whether to carry them out or not. Other checks can be a matter of policy, with some companies doing social media screening and checking references, and others asking for credit checks or verifying educational qualifications. Any good employer will be open and transparent about the employment checks they are carrying out, and why.

Background screening, including DBS checks, usually kick in at the stage of the recruitment process after the interviews are done and when a job offer is made. Employers will usually make an offer pending background screening, which means that if anything very unfavourable is uncovered, they have the right to withdraw the offer. This means that the employer is not wasting time or money checking up on people who would not make it through the interview, or whose experience is not enough for the position.

Adverse Background Screening

Background screening is just part of the information which an employer will use when they are deciding whether to employ you or not. A single not very complimentary reference when all the other information is very positive is unlikely to go against you, but if there are other pieces of information which might call your history into question the decision might be different.
As offers are made pending successful background screening, employers will usually let you know if they are withdrawing your job offer at this stage. You should be given the opportunity to see the information which has gone against you, and challenge that if you feel it is unfair or inaccurate. At the end of the day, employers have the right to employ who they wish, as long as they are not discriminating in the process.

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Combinations of Documents for Non-UK Citizens

The DBS outlines three “Routes” for document submission, which list the different combinations of documents, with Route 1 being the preferred option. If you do not have a British passport, then Route 1 is the only option open to you in order to prove your identity. The combinations of documents might also be different if you are applying for a voluntary, unpaid position. In these cases, the organisation you are thinking of working with will provide exact advice.

Primary Documents for Paid Working Non-UK Nationals

The most important document which any non-UK national will be asked for is called a primary document. There is a full list of all the accepted primary documents on the DBS website, but the most commonly used documents are:

• An Irish passport, or one from a country in the European Economic Area.
• A current biometric Home Office document showing you have indefinite leave to remain in the UK.
• A passport from any other country in the world showing a Home Office endorsement with leave to remain.
• Other Home Office official immigration documents with the same information.

Immigration is complex and employers may not have seen all the different types of documents before. Employers also face increasingly heavy fines for hiring illegal workers, so if you are relying on a foreign passport or other immigration documents to get a job, the employer will want to do careful checks. Do not take this personally; they will be carrying out similar checks on all other non-UK workers and asking UK citizens to supply their passports too.

Additional Documents for Verifying Your Identity

DBS checks require more than one identity document, along with something to prove your UK address. Again, there are lots of different documents which you can provide including:

• Driving licence photocard issued anywhere in the world.
• A UK marriage or civil partnership certificate.
• A bank statement issued by a UK bank, showing your address.
• Credit card statement.
• P45 or P60 from a previous employer.
• Benefit statement.
• Utility bill for gas, electricity, water etc issued in the last three months. Mobile phone bills do not count in this section.

Finding the Right Combination of Documents

If you are finding it difficult to come up with the right combination of documents for a DBS application, then your employer should be able to offer advice as they have more than likely had a similar situation before. Alternatively, speak to the DBS using their helpline as they might be able to suggest a different combination of documents which might be suitable for you.

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Photocard Licences

The current photocard driving licence was introduced in 1998, replacing the old-style folded paper driving licence. Not all photocard licences follow the same format, as the design has changed several times since they were introduced. Some drivers may also still be using the old-style green paper folded licence. Photocard licences were standardised across the EU, and since Brexit it remains to be seen whether there will be further design changes in the future to make British licences different in appearance from their equivalents in the EU.

Information on the Front of Your Driving Licence

On the side of your photocard driving licence with the photo, you’ll find the following basic personal details:

• Name, surname, date of birth and country of birth.
• Date your driving licence expires.
• Your unique driver number, which always starts with the first five letters of your surname.
• Signature
• Current address
• Vehicle categories which you are allowed to drive.

Information on the Back of Your Driving Licence

Flipping over your photocard, you’ll see a table explaining the various driving entitlement codes and any associated conditions. This will help you work out which classes of vehicles you are allowed to drive. When your employer carries out a driving licence check, they are both checking that you have a valid UK driving licence in the first place, and that your licence entitles you to drive the size or class of vehicle required. This has changed over time; people who passed their driving tests in the 1990s are able to drive larger trucks without passing a separate test than people who have passed their tests more recently.

Updating Your Driving Licence

If you change your address or change your name because you have got married or divorced, you can change your photocard licence free of charge. It is a legal requirement for you to do this, especially when moving house to make sure any fines or notices are sent to the right place. Even if you haven’t changed your name or address, your photocard is only valid for ten years, after which you will have to update it with a new photograph. This can easily be done online through the DVLA official portal, and currently costs £14.

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