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Certificates of No Criminal Conviction (CNCCs)
Some employment positions in the UK may require you to undergo some background checks, particularly for roles where you may work with children or vulnerable people. The level of these checks may vary, but could often require you to have a Disclosure and Barring Service (DBS) check. For many new migrants into the UK, you may also need to obtain a criminal records check from your home country. In Hong Kong, this is called a Certificate of No Criminal Convictions (CNCC).
The authorities in Hong Kong have declared that CNCCs can only be obtained for reasons relating to visa applications, to visit or to reside in another country, or for the adoption of children. However, in exceptional circumstances, they may also give consideration where a CNCC is required to meet the legal or administrative requirements of foreign countries. This could include pre-employment checks needed for a BN(O) to start a job in the UK in some sectors.
In the UK there are some statutory requirements for employers to carry out such checks, but in many instances it is only best practice to do so. Information about pre-employment checks in the education sector can be found in Keeping Children Safe in Education (Part 3 – Safer Recruitment) information on GOV.UK and for healthcare under the NHS Employment Criminal Record Check standards on the NHS Employers website.
As of 8 June 2022, the Foreign, Commonwealth and Development Office (FCDO) no longer issues letters to the Hong Kong Police as part of a CNCC request. If the applicant holds an offer of employment from an organisation that requires a CNCC check, they should request a CNCC directly from the Hong Kong Police. They should include an official offer of employment from the relevant organisation, for example, the NHS. If granted, the Hong Kong Police will send the CNCC directly to the prospective employer.
For more information on how to apply for a CNCC, please see the Welcome: a guide for Hong Kong British National (Overseas) visa holders in the UK on GOV.UK (www.gov.uk). There you will find a letter outlining what you or your prospective employer should do in order to obtain a CNCC.
Alternatively, you can email [email protected], but we can only give general advice not casework support.