DBS Check for the EU Settlement Scheme

How DBS checks, Right to Work checks and Home Office criminal record screening interact with the EU Settlement Scheme, with documents and share codes.

DBS check for the EU Settlement Scheme: the short answer

A DBS check is not part of the EU Settlement Scheme application. The Disclosure and Barring Service exists for employment vetting, while the Home Office assesses criminality inside the immigration process itself. The two systems overlap only when an employer hires someone with settled or pre-settled status and needs to run both a Right to Work check and a criminal record check. Below we untangle who sees what, which DBS level fits which job, and what to do if you have a conviction and are applying or converting your status.

Right to Work checks: what changed and what it means for EUSS holders

Since the end of free movement, employers must check that every EU, EEA and Swiss citizen has UK immigration permission. For EUSS holders this is done digitally: the worker generates a share code from their UKVI account, and the employer enters it in the View and Prove service on GOV.UK. The employer sees the status (settled or pre-settled), the type of permission and any work restrictions, but not the person’s criminal history.

Key points for HR teams:

• Physical documents are no longer enough. A printed status letter or an old biometric residence permit (BRP) cannot be the sole basis of a Right to Work check for EUSS status; the digital check through View and Prove is the standard route.

• The eVisa replaced BRPs as the way immigration status is evidenced, so workers should keep their UKVI account details up to date, including the passport linked to it.

• Employers must not discriminate. Checking only people who “look foreign” or only those with pre-settled status is unlawful. The check is the same for settled and pre-settled holders.

• Keep the evidence. A dated screenshot or record of the View and Prove result forms the statutory excuse if the employer is ever audited.

DBS identity checking guidance vs Home Office identity checks

Both systems verify identity, but they do it differently, and confusing them causes real delays.

The practical takeaway: a DBS check cannot substitute for the EUSS identity step, and an approved EUSS identity does not automatically satisfy DBS identity guidance. If your name changed after marriage or a deed poll, prepare the same supporting documents for both processes so neither stalls.

Biometric information requirements

When you apply under the EU Settlement Scheme, the Home Office collects biometrics: a digital photo and, in some cases, fingerprints. Most applicants do this through the app using their phone camera. If the app cannot read your document chip, or you are applying from outside the UK, you may be directed to an alternative route, including a biometric appointment or posting your EEA passport to the Home Office.

Children under a certain age are exempt from fingerprinting, and applicants with accessibility needs can request help. If you replace the passport linked to your UKVI account, update the account so your share code keeps working; an out-of-date linked document is one of the most common reasons a Right to Work check fails at the employer’s end.

Acceptable ID documents for EEA citizens

For the EU Settlement Scheme, the core acceptable documents are:

• a valid EEA passport (or a passport of Switzerland);

• a valid national identity card of an EU, EEA or Swiss state;

• a biometric residence permit (BRP), where you already hold one;

• a British national (overseas), Gibraltar or other specified passport in limited cases.

If none of these can be scanned by the app, the Home Office offers fallback routes rather than refusing the application outright. For a Basic DBS check, by contrast, you can use a wider menu of documents under DBS identity guidance, which is why some applicants find the DBS route easier to satisfy than the immigration one.

Evidence of continuous residence

Settled status generally requires proof of continuous qualifying residence in the UK for the required period. The Home Office may accept documents such as:

• employment records: payslips, P60s, employer letters;

• tenancy agreements and mortgage statements;

• utility bills and bank statements showing UK addresses;

• school, college or medical records.

You do not need to cover every single month; documents spread across the qualifying period are normally enough. Gaps of up to the allowed absence limit do not automatically break continuity, but long absences should be explained. Keep digital copies: the upload happens inside the application, and re-requesting old records years later is far harder than scanning them now.

Applying for settled status from pre-settled

Pre-settled status is time-limited, and holders are expected to move to settled status once they complete the required continuous residence period. The process is a new application under the scheme: you confirm identity through your existing UKVI account, confirm residence, and answer the suitability questions again, including any criminal history since your last application.

Two things catch people out. First, do not wait until pre-settled expires; apply when you qualify. Second, new convictions matter: the criminality assessment is run again, so an offence committed during the pre-settled period can affect the outcome even if your first grant was clean.

Criminal record checks by the Home Office

This is entirely separate from the Disclosure and Barring Service (DBS): the DBS does not see, process or influence your immigration application.

What the Home Office considers:

• the nature and seriousness of the offence;

• the sentence length and whether it was custodial;

• how recent the conviction is and your conduct since;

• persistent offending patterns, which weigh more heavily than a single old offence.

Serious offences and repeated offending can lead to refusal or even revocation of status already granted.

Settled status for EU citizens with criminal records: a worked scenario

Situation. An EU citizen has lived in the UK for 12 years, was convicted of a single offence six years ago and received a community order, and is now converting pre-settled status to settled status.

Steps.

• Gather the court record or sentencing details: offence, date, sentence, completion date.

• Declare the conviction in the application exactly as recorded; discrepancies between your declaration and police data are treated as a suitability concern.

• Add evidence of rehabilitation: employment references, qualifications gained, character statements.

• Submit and respond to any Home Office request for further information.

Result. A single, non-custodial, six-year-old conviction with documented rehabilitation is typically within the range the Home Office can grant, though each case is assessed individually. The riskiest profiles are custodial sentences of significant length, offences involving serious harm, and repeat convictions.

Which DBS level for which role: employer comparison

When you hire someone with settled or pre-settled status, the DBS level depends on the role, not on the person’s immigration status.

The employer requests the check; the worker cannot order a Standard or Enhanced check on themselves. A Basic DBS check can be applied for directly by the individual, which is useful for job hunting.

DBS Update Service vs View and Prove: what each shows an employer

These two services answer different questions, and a common mistake is treating one as covering the other.

For a full picture of a new EUSS hire in a regulated role, an employer typically needs both: the share code check for the Right to Work, and a DBS check (with Update Service enrolment for ongoing assurance) for the criminal record side.

Applying to join a family member in the UK

Family members of EUSS holders can apply to join them in the UK, including from outside the country. The evidence centres on the relationship, not on residence:

• proof of the relationship (marriage or civil partnership certificate, or evidence of a durable relationship);

• the EUSS holder’s status details;

• identity documents for the applicant, typically a passport;

• dependency evidence where the route requires it.

Applicants outside the UK follow the visa-route process, while those already in the UK may apply in-country. Biometrics are collected as part of the process, and criminality checks apply to adult applicants here too.

Evidence if applying after 30 June 2021 and reasonable grounds for delay

The main deadline for most applications passed on 30 June 2021, but the scheme remains open for late applications where there are reasonable grounds for the delay. The Home Office looks at the whole picture: serious illness, bereavement, caring responsibilities, exploitation, or simply not knowing the scheme existed despite long residence can all qualify. Explain the delay clearly, attach what evidence you can (medical letters, correspondence, proof of residence), and apply rather than assuming you are out of time: the grounds test is applied case by case, and refusal on grounds is a distinct decision from refusal on suitability.

Practical checklist for applicants and HR

• Applicants: keep the passport linked to your UKVI account current, scan residence documents before they age out, and declare all convictions accurately.

• HR teams: run the Right to Work check through View and Prove for every EUSS hire, record the result with a date, and order the correct DBS level based on the role, not the nationality.

• Both: treat the DBS system and the Home Office system as separate tracks that occasionally intersect; neither certificate replaces the other, and mixing them up is the single most common source of confusion on this topic.

This page is for general information only and is not legal advice. Apostilles for UK public documents are issued exclusively by the Foreign, Commonwealth & Development Office (FCDO) Legalisation Office; this site is not affiliated with any government body. Please consult a qualified professional before making decisions.

FAQ

No. The Disclosure and Barring Service does not run checks for the EU Settlement Scheme. The Home Office performs its own criminality assessment using information you declare in your application.

You normally prove identity with an EEA passport or national identity card through the app, or a biometric residence permit if you have one. Depending on your route you may also need evidence of continuous residence, family relationship documents, or details of any criminal convictions.

You can upload documents such as employment records, tenancy agreements, utility bills, bank statements, school or medical records. Any official or commercial document that shows your name and dates in the UK can support your claim.

The Home Office accepts reasons such as serious illness, caring responsibilities, abuse or exploitation, lack of awareness of the scheme despite long residence, or practical barriers. You should explain the delay and attach supporting evidence where possible.

Most EEA citizens use the app to scan their passport or ID card and confirm their face. If your document cannot be verified digitally, or you apply on paper, you may be asked to attend a biometric appointment or send the document by post.

A share code from your UKVI account lets an employer run a Right to Work check and see your immigration status through View and Prove. A DBS certificate shows disclosed criminal record information for a specific role. They are separate systems and one does not replace the other.

It can. The Home Office weighs the seriousness of the offence, the sentence, how long ago it happened and your conduct since. Persistent offending or serious crimes can lead to refusal, while older or minor convictions often do not.

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