Sports News
5 August 2008
Employment of foreign players - new 'points based system'
Introduction
The Border and Immigration Agency (‘BIA’) has recently announced changes to the procedure and requirements for the employment of non European Economic Area nationals.
A new ‘points based’ system will replace the existing ‘work permit’ application procedure for professional sports people in November 2008.
From that date no employer will be able to bring migrants to the UK (nor extend existing migrant workers permits) without first obtaining a licence to do so. You will not be able to obtain a ‘sponsors licence’ unless you have been approved in advance by the BIA.
You must indicate the person you wish to admit to the UK by issuing them with a ‘certificate of sponsorship’. Anyone wishing to come to the UK under the new system will need prior entry clearance which they cannot apply for without a certificate of sponsorship.
Sponsorship Licence
Your application for a licence must confirm your trading presence in the UK, registration for tax and VAT and must demonstrate that you have in place systems and record keeping sufficient to comply with the relevant illegal working legislation.
You will need to appoint an ‘authorising officer’ who will be responsible for compliance.
You will be subject to checks to ensure compliance with the new legislation.
Employers’ applications for a licence are now being accepted by the BIA
Sports people – skilled workers
Sports men and women will fall within the General Tier 2 category of ‘skilled workers’ under the points based system
They will require a certificate of sponsorship issued by a licensed employer which must
- state that they intend to base themselves in the UK and will comply with the conditions of their permission to stay and;
- include an endorsement from the sport’s governing body that they are established internationally at the highest level, will make a significant contribution to the sport in the UK and it is appropriate to fill the post from outside the EEA. These criteria must have prior approval from the UKBA and are likely to be applied in a similar way to the existing work permit system, which in football is currently a requirement that the player must have played in 75% of his country’s competitive A team internationals in the previous two years, with that team ranked at an average of 70 or above in the official FIFA rankings.
The Points System
An applicant is awarded points based on three sets of criteria and must score a total of 70.
- The certificate of sponsorship scores 50 points
- Demonstrating the ability to support yourself financially scores 10 points. The applicant must have at least £800 in savings and a further £600 for each dependant.
- •Demonstrating the ability to speak English to a basic standard scores 10 points. Guidance on language tests which will be accepted as evidence will be made available by UKBA.
Entry clearance
Applications for entry clearance have to be made outside the UK to the British Consulate in the country where the applicant normally resides.
The evidence used in obtaining the certificate of sponsorship is examined and if approved the applicant will initially be given entry for 3 years, plus 2 on extension.
What should you do now?
- Apply for a sponsors licence.
- Ensure that you are ready for the pre application audit by having in place appropriate systems to deal with illegal working procedures and proper record keeping.
- Extend any existing work permits before November 2008.
- In the case of football clubs be ready for the January 2009 transfer window.
For further information and advice please contact Tim Bailey of the Beswicks Sports Law Team on +44(0)1782 205000 e-mail tim.bailey@beswicks.com
The information contained in this article is not intended to be a comprehensive study, nor to provide legal advice, and should not be relied upon or treated as a substitute for specific advice concerning individual situations.
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