ReRegulate

REREGULATE: THE CHANGING LANDSCAPE OF REGULATIONS IN FOOTBALL

Impact of Brexit on Foreign Footballers’ Work Permits

In its origins, the UK immigration policy was a protectionist policy which restricted the mobility of working EU and other foreign nationals. This policy was instilled to protect the interest of the domestic job force from external competition (Perry & Steenson, 2019). However, joining the EU in 1973 meant that this role changed, and the UK had to abide by the EU’s fundamental principles such as the free movement of workers. Adhering to these principles, the UK Home Office decided to rework the regulations governing work visas in 2015 for other foreign nationals in order to make them more stringent. This extended to foreign athletes as they would only be granted work permits if they were established athletes and “sponsored on a long-term contract to make a significant contribution to the development of sport at the highest level in the UK”(Home Office, 2024)

Fast forward a few years and Brexit comes into the picture. This resulted in the UK’s complete withdrawal from the European Union following the end of the transition period on the 31st of December 2020. This meant that the UK was no longer subject to the TFEU after the withdrawal and as such, the fundamental treaty rights, such as the freedom of movement for workers, was no longer applicable to the UK. Therefore, EU nationals are now subject to the same immigration rules as all other foreign nationals outside of the UK (Mace & Smith, 2022). The Home Office requires employers to obtain a sponsorship licence in order to be able to employ such foreign nationals. The employer will be required to act as a sponsor for an employee’s visa/residence permit to allow the employee to freely reside and work in the country (Home Office, 2024b).

Professional footballers are classed as employees and the football clubs to which they are contracted to are considered their employers. However, a point of note is the unique nature of the employment of footballers following the Bosman ruling. Footballers who are under contract with a club are only allowed to leave to a new club during a specific transfer window. This distinctive facet of the professional football industry restricts the freedom of movement which players have.

The core immigration route for foreign professional footballers who intend to play in the UK is the International Sportsperson visa (Home Office, 2024c). During the Brexit transition period, the Home Office made changes to the immigration routes and the International Sports Person Visa was announced in September 2021 and implemented on 11th October 2021.  Pre-Brexit, the category was split into two; the T2 sportsperson route and the T5 (temporary Worker) Creative or Sporting Worker Route. Merging both categories, the Home Office aim was to provide a simplified visa procedure under this ‘one dedicated category’ (Mace & Smith, 2022, p. 169). However, within the category, there is a route where the sportsperson is applying for a period of stay of less than 12 months; and a route when the sportsperson is applying for a period over 12 months. Both routes have their nuanced differences as well. For example, when applying for a term of less than 12 months, there is no need to show proof of ‘knowledge of English language (Home Office, 2024c). However, on the route of over 12 months, it is mandatory to provide proof of English language. Furthermore, a sportsperson applying to stay in the UK can apply for a maximum duration of 3 years at a time which can subsequently be renewed for another 3 years. (Home Office, 2024c)

Under the international Sports Person category, an applicant is granted the visa if awarded 70 points when applying for a visa with a duration of 12 months or less, or 80 points for a visa term exceeding 12 months.

Governing Body Endorsement (GBE)50 points
Certificate of Sponsorship from the player’s club10 points
Financial requirements10 points
English Language at level A1 10 points

Sponsorship Licence and Governing Body Endorsement

For a foreign player to be granted a visa under this category, the player must be sponsored by an eligible football club which holds an International Sportsperson A-rated Worker sponsor licence, as well as obtained an endorsement from the FA known as the Governing Body Endorsement (GBE). In men’s professional football, sponsorship licences from the Home Office and GBE’s from the FA are only granted to clubs in the Premier League and the English Football League (Mace & Smith, 2022). A club is granted a sponsor’s licence if it is able to meet the eligibility criteria set out by the Home Office in the Worker’s and Temporary Workers Guidance for Sponsors and the specific guidance tailored for the International Sportsperson licence (Home Office, 2024d). The club will need to provide evidence of lawful operation in the UK, dependable and honest behaviour that does not contravene the public good, capacity to comply with sponsor duties and meet the eligibility criteria (Mace & Smith, 2022). Once application for the licence is approved, the applicant organisation will be awarded a rating of either ‘A’ or ‘B’ in accordance the risk profile assessed by the Home Office and added to a Register of Sponsors which is published by the Home Office  (Mace & Smith, 2022). However, the international sportsperson visa requires a sponsor to have an A rating. Therefore, it is mandatory for football clubs who wish to sponsor foreign players under this route to have an ‘A’ rated licence. The sponsorship licence is awarded for an initial term of four years, after which it is extendable in four year increments (Mace & Smith, 2022)

A key component of the international sportsperson visa is the Governing Body Endorsement (GBE). A GBE is awarded by a sports governing body to a non-UK sportsperson as an acknowledgement that they are well established in their field and as such, will make a significant contribution to the sport in UK. Each sport governing body publishes a set of criteria that is used to assess a sportsperson’s eligibility. Once the criteria are met, the governing body will issue a GBE to the sportsperson’s employer, who will then issue the sportsperson a Certificate of Sponsorship which will be used for a visa application (Mace & Smith, 2022).

With regards to football and playing in the English Leagues, “a club must obtain a GBE from the FA before a player is permitted to undertake any employment duties for the club (including participation at training and in friendly matches)”(FA, 2022). Prior to Brexit, the GBE only applied to non-EU/EEA citizen, as EU citizens could rely on the fundamental right of free movement of workers, and the resulting automatic right to play football in the UK.

On 1st December 2020, following the FA’s consultations with the Premier League and the EFL, the major update to the GBE criteria was developed and approved by the Home Office to facilitate the new post-Brexit migration landscape within football (FA, 2020). The FA released the GBE criteria for the Men’s and Women’s game, for players, coaches, assistant coaches, performance managers, and directors. The new regulations came into effect on 1st January 2021, at the end of the UK’s transition period following the breakaway from the EU. The statement released by the FA is that the new criteria “meets the joint objectives of the Premier League, EFL, and the FA allowing access to the best players and future talent for clubs, as well as safeguarding England teams, by ensuring opportunities for homegrown players.” To qualify for a GBE, a points based system is utilised and a player typically needs to achieve at least 15 points through a combination of international appearances and other criteria. There are certain caveats and exceptions which will be explored in detail in the next article.

References

Paul Ononye

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