THE CHALLENGES OF RECRUITING AN EMPLOYEE WITH A CRIMINAL RECORD AND INTERNATIONAL VISA RESTRICTIONS?

Hiring someone with a criminal record will often make no difference in day-to-day operations. However, there will be some instances in which the reminder will crop up. For example, when the employee in question tries to travel internationally. This is true because there are many countries, that are very stringent with allowing those who have criminal records into their countries. So much so in fact, that often visas to visit these countries are simply denied.?

We had a company in this kind of situation come to us for advice recently.??

BACKGROUND??

A multinational consulting firm approached us for guidance after encountering a significant hurdle with a recently recruited senior project manager.??

The employee, Joe Soap* was hired for his extensive experience in global project management. However, during his onboarding process, it was revealed that Joe had a criminal record from several years prior.??

Although the conviction was disclosed and legally “spent” under the firm’s local employment laws, it created complications when visa applications for international travel were required.??

Joe’s role demanded frequent travel to countries with stringent visa policies, including the United States, Canada, and Australia. These countries often require applicants with criminal records to undergo additional scrutiny, and in many cases, such individuals are deemed ineligible without specific waivers.??

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THE PROBLEM??

Joe’s inability to travel posed several serious challenges for the firm, including:?

1. Project Commitments: Joe was scheduled to lead a high-profile project requiring on-site client meetings in the United States. His inability to travel jeopardised the project timeline, client satisfaction and of course, the ability to do the job at all.?
2. Operational Disruptions: The company faced difficulty reallocating responsibilities without delaying other projects or straining team resources.??
3. Legal and Reputational Risks: The firm wanted to ensure it handled the situation fairly and legally while still protecting its reputation with clients.??
4. Employee Relations: Joe was forthcoming about his record during recruitment, and the firm wanted to uphold its commitment to inclusion, second chances and the belief in personal growth.?

OUR SUGGESTIONS??

Based on our experience and expertise, we suggested the firm make enhancements to its employee screening and recruitment policies.??

We advised that the firm begin to integrate a formal risk assessment during the recruitment process for roles requiring international travel.??

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This involved:?

?? Screening for potential travel-related issues during pre-employment checks.??

?? Proactively discussing visa implications with candidates during the hiring process.??

?? Travel-dependent role classification in which roles requiring international travel were classified separately, with explicit acknowledgment of visa requirements.?

Unfortunately, in this instance, there is no quick fix. Travel will always be troublesome for Joe’s Soap. The only option here would be to send a proxy on his behalf and have Joe on standby for regular updates and management.

Thankfully with technology being as advanced as it is, the option for the proxy to do regular video calls with Joe whilst on site does exist. However, with this as a solution, the company does run the risk of changing opinions toward Joe, and ultimately the company itself as explanations will be frequently necessary.

The absolute best solution would be to avoid hiring someone with a criminal record for a role that requires international travel and implement our suggestions for the future.??

*False names given for confidentiality.?

www.ifacts.co.za

011?453 1587

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