# Working in SA - With a Criminal Record



## minimal (Jul 26, 2011)

Hi Guys

When I was 18 (I'm 26 now), I was caught in possession of an ecstasy tablet, and received a small fine (less than £200). I'm not going to make excuses because it was a stupid mistake, but since then I've undertaken a degree funded by my employers, and hold a fairly well-paid professional position (Quantity Surveyor, 6 years experience). I also have a conviction for assault dating back to when I was 15. For that I also received a small fine.

My dream is to work in Africa after visiting Kenya last year (I didn't have to declare anything there for a tourist Visa?), and a good job opportunity has come up to work in South Africa and Zimbabwe (Harare) in construction management. I'll be formally based in SA if I get the job, and will share a 2 week rotation to Harare.

In the UK, my conviction is 'spent' under the Rehabilitation of Offenders Act 1974, so I don't have to mention it to employers except in special cases (i.e. for childcare positions). I'm concerned my history might impede my chances of employment in SA. I'm completely green in this respect, and would appreciate any advice on the matter, particularly whether I should even bother persuing the position.

I am reformed and of good character, I have never been out of work, never had another conviction, have a Degree, HNC AND an NVQ 3 & apprenticeship in carpentry, so I can't see me being any risk (I am not any risk!), and am actually motivated by contributing to the local economy.

Any advice would be much appreciated. 

Cheers

AL.


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## themanhimself (Aug 1, 2011)

minimal said:


> Hi Guys
> 
> When I was 18 (I'm 26 now), I was caught in possession of an ecstasy tablet, and received a small fine (less than £200). I'm not going to make excuses because it was a stupid mistake, but since then I've undertaken a degree funded by my employers, and hold a fairly well-paid professional position (Quantity Surveyor, 6 years experience). I also have a conviction for assault dating back to when I was 15. For that I also received a small fine.
> 
> ...


Hi Minimal, 

I can empathise with your situation. Don't worry a bit about it. If your conviction is spent, they're not even going to bother to do an advanced check on your police record. It just doesnt make sense for them to do that. 
Also, employers in construction are usually very lenient with employees with criminal records. Back in the old days, most labourers or even qualified civil engineers had a nick on their record. Quantity surveying is a well respected job in construction. Don't fret man! Get your arse over and enjoy it! 

I currently have a degree in International Business studies with spanish and spent three hard years mastering the spanish language. I also have a shoplifting misdemeanour from 2009. Will it stop me getting employed? WILL IT ****. 

Good luck!


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## travelling-man (Jun 17, 2011)

The only problem you might have is when they ask you for a police clearance certificate but assuming it doesn't show on that, then you should be fine.

If it does show on that then you might (note the word might rather than will) have problems.


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## minimal (Jul 26, 2011)

travelling-man said:


> The only problem you might have is when they ask you for a police clearance certificate but assuming it doesn't show on that, then you should be fine.
> 
> If it does show on that then you might (note the word might rather than will) have problems.


I have now accepted this contract, although I'll only be visiting SA for now, and will based in Zimbabwe for a little while and then West Africa in a few months, as far as I can fathom.

For anyone else interested, to apply for a work visa for SA (along with the US, Canada, NZ, Australia and a couple of other countries), you need to produce an ACPO Police Certificate (A basic CRB won't suffice).

This will reveal your records, or at least indicate there is a record if your convictions are 'stepped down' on the PNC. (THIS IS NOT THE SAME AS THEM BEING SPENT UNDER THE ROA, and takes much longer!! All of mine will show ). 

So I informed my new employers of my history, and their response was that they're "glad to hear I'm normal, and this isn't a problem." Cool. They don't know that the ACPO will show my record however, as I said previously that I didn't think ROA spent convictions would show. I was wrong (see above).... 

Still not sure if I need get a visa to stay longer than the 90 days permitted in SA for 'Business Meetings' though and actually register there as my place of work. Hopefully I'll be travelling around Africa enough to stick within the 90day per visit limit when in SA, and not return on a patterned basis to void the terms of the waiver. If not I'm at the peril of the SA embassy, and could end up on a flight home! 

However despite the SA embassy website saying "no criminal record" is a pre-requisite for granting a Visa, on the telephone they said something like "just apply; each application is assessed on it's own merit, although we can't comment on individual cases over the phone" (embassy staff are hard to deal with man). Not really sure how to interpret this?

The only good thing is that a basic CRB (which won't detail spent conviction), works for most other countries, if they require a copy at all. (Of all the countries I've looked at (West African countries, Zimbabwe, Namibia), the only time a question appears relating to a criminal conviction is Namibia, and you don't need to even submit a check).

So still unsure if I'll get a work Visa for SA at all. (Anyone?). But there doesn't appear to be a major issue (FOR NOW?!) because of the different employment basis I ended up accepting.


So I'd sincerely appreciate any further advice anyone has to give? Even privately as I know it's a sensitive subject. 

Wish me luck! :clap2:


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## Halo (May 8, 2008)

Should not be a problem - most of those in Government have one


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