immigration routes for sportspersons

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IMMIGRATION ROUTES FOR SPORTSPERSONS

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Page 1: Immigration routes for Sportspersons

IMMIGRATION ROUTES FOR

SPORTSPERSONS

Page 2: Immigration routes for Sportspersons

IMMIGRATION ROUTES FOR

SPORTSPERSONSThe UK is a top destination for athletes and sporting professionals in a diverse range of

disciplines. Whether you are a sportsperson, coach or club, our immigration barristers in London are well versed in the full range of UK visas available to sportspersons

who wish to visit, or work in, the UK.

Our specialist immigration barristers work closely with professional and amateur sportspersons, employers and event organisers across all sports to ensure that their immigration and visa requirements are met.

Page 3: Immigration routes for Sportspersons

About usRichmond Chambers LLP is an award-winning, innovative partnership of specialist immigration barristers and other immigration law professionals. Based in the heart of London’s Covent Garden, we are ideally located to service the immigration and visa requirements of professionals and amateurs in all sports.

Winner of the ‘Best Immigration Set of the Year - UK’ award at the Global Mobility and Immigration Awards 2014, Winner of the ‘Best Emerging Firm’ award at the MPF Awards for Management Excellence 2014 and Winner of the ‘ABS of the Year’ award at the Modern Law Awards 2014, our forward-thinking barrister-led law firm delivers creative immigration law solutions to professional and amateur sportspersons, coaches, officials, clubs and event organisers.

Our team of immigration barristers has experience in assisting sportspersons from all disciplines. We are experts in immigration options for sportspersons and coaches and will guide you through the complex Home Office rules and policies. We understand that sportspersons often need to travel frequently for training, competitions and other events at short notice. We can work within your timeline to ensure that you meet your professional commitments. We will simplify the procedure for you and help to protect you from any immigration compliance issues.

We pride ourselves on being approachable and pro-active in understanding and meeting our clients’ needs. We are a highly driven team, dedicated to providing clear and reliable immigration advice to sportspersons as part of a professional and friendly service.

For advice and assistance with visiting, or working in, the UK as a sportsperson, contact our immigration barristers and lawyers in Covent Garden, London on 020 3617 9173 or by email to [email protected]

Page 4: Immigration routes for Sportspersons

General visa informationIf you want to work as a sportsperson, undertaking sporting activities in the UK, you will normally need to have a visa under one of the tiers of the points-based system. The points-based system has special categories and rules for those in the sporting industry, both professional and amateur. In most categories you will have to be sponsored by an employer. However, if you are going to be in the UK briefly, or for a single event or activity, one of the visitor visas may be appropriate.

The main immigration routes available to sportspersons are:

J Visit (Standard) – Business Sports visa;

J Permitted Paid Engagement Visitor visa;

J Tier 2 Sportsperson visa;

J Tier 5 Temporary Worker visa.

Page 5: Immigration routes for Sportspersons

Employers, clubs and event organisers

If you want to employ someone who does not already have the right to work in the UK, you will need to sponsor them. All companies and organisations who want to sponsor their employees must obtain a Sponsor Licence.

To sponsor a sportsperson under the Tier 2 Sportsperson or Tier 5 Temporary Workers: Creative and Sporting categories you must be a sporting body, sports club, event organiser or other organiser operating, or intending to work in, the sporting sector. Agents cannot be sponsors.

You will need to obtain an endorsement from the governing body for your sport, which must be recognised by the Home Office. The endorsement will confirm that you are a genuine club or similar organisation and have a legitimate requirement to bring migrants to the UK as sportspersons. If the governing body for your sport is not recognised by the Home Office, it is important to ensure you plan well ahead if intending to sponsor any migrants, as it can take up to 6 months for a governing body to be added to the approved list.

Players on loan: if you sponsor a sportsperson you will have special duties if they are on loan to another club. You can only loan and accept loaned players if your governing body permits this. If one of your players is moving on loan then you must report this to the Home Office. The player may only be loaned if they will return to your club after the loan period. You will continue to be responsible for the player and must make arrangements with the loan club so that you can continue to meet your sponsor duties. The loan club does not need to make an application for an endorsement or have a Sponsor Licence.

If the player is permanently transferred, you must inform the Home Office and the new club must make an application for the player, both for an endorsement and a visa. The player must be granted leave to play for the new club before they begin playing for them. If a player is on loan from an overseas club to a UK club, you must meet all the requirements of Tier 2 or Tier 5 and have a governing body endorsement.

Page 6: Immigration routes for Sportspersons

Visit (Standard) – Business Sports VisaJ take part in a specific one-off charity sporting event, providing

that you are not paid other than for travelling and other expenses;

J join, as an amateur, a wholly or mostly amateur team provided that you are not paid other than for board and lodging and reasonable expenses; or

J serve as a member of the technical or personal staff, or as an official, attending the same event as a visiting sportsperson coming for one or more of the purposes listed above.

You must be over the age of 18 and not intend to work while in the UK, otherwise than as permitted. You must also be able to show that you can maintain and accommodate yourself for the duration of your stay, that you intend to leave the UK and that you can meet the cost of your onward journey.

You must not intend to live in the UK through frequent or successive visits, be in transit to a country outside the Common Travel Area (UK, Ireland, Isle of Man, Jersey and Guernsey), intend to undertake a course of non-incidental study exceeding 30 days, marry or form a civil partnership or receive private medical treatment in the UK.

The Visit (Standard) – Business Sports visa is for non-EEA nationals who are seeking to come to the UK to take part in a sports tournament, event or series of events.

A Visit (Standard) – Business Sports visa will allow you to do the following:

J take part in a sports tournament, a particular sporting event or series of events in which you are either:

– taking part, either as an individual or as part of a team;

– making personal appearances and promotions, such as book signings, television interviews, guest commentaries, negotiating contracts or to discuss sponsorship deals;

– taking part in ‘trials’, providing it is not in front of an audience, either paying or non-paying;

– undertaking short periods of training, either as an individual or as part of a team, providing you are not intending to settle in the UK, being paid by a UK sporting body, or joining a UK team where you are involved in friendly or exhibition matches;

Page 7: Immigration routes for Sportspersons

If you visit the UK with a Visit (Standard) – Business Sports visa, you will be allowed to stay in the UK for up to 6 months. However, you may also apply for a long-term visa if you can prove that you need to make repeated visits over a longer period.

If you would like your family to accompany you then they will need to enter as a Visitor (Standard).

Nationals of certain countries are not required to apply for visitor visas before travelling. They can instead simply ask to enter the UK when arriving at the UK border. If this applies to you, it is a good idea to prepare all the relevant documents and have these checked before you travel, in order to avoid being refused entry to the UK.

Page 8: Immigration routes for Sportspersons

Permitted Paid Engagement Visitor VisaThe Permitted Paid Engagement visa category is for non-EEA nationals who are seeking to come to the UK to perform a specific task, for which they will be paid, without having to be sponsored under the points-based system.

Visitors cannot normally work for a UK employer in the UK. However, there are some exceptions to this rule, known as Permitted Paid Engagements.

You may come to the UK at the invitation of a sporting organisation to undertake a paid engagement within the sports sector. A sporting organisation is considered to be any organisation involved in organising or staging sporting events. You must be able to demonstrate that you are a full time sports professional outside the UK.

All engagements must be pre-arranged before applying for a Permitted Paid Engagement visa.

You must be over the age of 18 and not intend to work while in the UK, otherwise than as permitted. You must also be able to show that you can maintain and accommodate yourself for the duration of your stay, that you intend to leave the UK and that you can meet the cost of your onward journey.

You must not intend to live in the UK through frequent or successive visits, be in transit to a country outside the Common Travel Area (UK, Ireland, Isle of Man, Jersey and Guernsey), intend to undertake a course of study, marry or form a civil partnership or receive private medical treatment in the UK.

If you visit the UK as a Permitted Paid Engagement Visitor, you will be allowed to stay in the UK for up to 1 month.

Permitted Paid Engagement visitors are not allowed to bring family members to the UK on the same visa. If you would like your family to accompany you then they will need to enter as a General Visitor or Child Visitor.

Nationals of certain countries are not required to apply for visitor visas before travelling. They can instead simply ask to enter the UK when arriving at the UK border. If this applies to you, it is a good idea to prepare all the relevant documents and have these checked before you travel, in order to avoid being refused entry to the UK.

Page 9: Immigration routes for Sportspersons

Tier 2 Sportsperson VisaThe Tier 2 Sportsperson visa is designed specifically for elite sportspersons and coaches internationally established at the highest level, whose employment will make a significant contribution to the development of their sport at the highest level in the UK, and who will base themselves in the UK.

Your employer must already hold a Tier 2 Sponsor Licence in the Sporting category.

Your application must be endorsed by your sport’s appropriate governing body, as recognised by the Home Office. The governing body should confirm to the Home Office that:

J You are internationally established at the highest level;

J You will make a significant contribution to the development of your sport at the highest level in the UK;

J It is suitable to fill the post with a migrant and not someone who is already settled in the UK.

Once the sport’s governing body has endorsed your application, your employer can issue you with a Certificate of Sponsorship (CoS). The CoS will confirm the details of your proposed employment in the UK and must be used to apply for a visa.

Entry clearance or leave to remain as a Tier 2 Sportsperson

You can apply for a Tier 2 Sportsperson visa from outside the UK. If you are already in the UK, you must be in an immigration category that is permitted to switch into the Tier 2 Sportsperson category. The categories permitted to switch include some subcategories of Tier 1, Tier 2 and Tier 4. You may only switch from Tier 5 if you were last granted leave as a Tier 5 Temporary Worker in the Creative and Sporting subcategory in order to work as a professional footballer. Your family members may accompany you as your dependents.

Page 10: Immigration routes for Sportspersons

If you are currently in the UK as a Tier 4 General Student, you will need to complete and pass your degree level course (or the first year, if it is a PhD course) before you are eligible to switch into the Tier 2 Sportsperson category.

In order to qualify for a Tier 2 Sportsperson visa for the UK, you will need to show that:

J You have obtained a job offer in the UK;

J The job offer is from a licensed UK club, organisation or company;

J The governing body for your sport has endorsed your application;

J If your sponsor is a limited company, you must not own more than 10% of its shares, unless your gross salary is £155,300 or more;

J You have been issued with a valid certificate of sponsorship by your employer;

J You have knowledge of English to the required level;

J You have enough money to support yourself without relying on public funds.

Your leave to remain in the UK may be granted for up to 3 years, after which you can apply for an extension. Each time you extend your Tier 2 (Sportsperson) visa you must have a fresh endorsement from your sport’s governing body and a new CoS.

You must work for your sponsor in the job described in your CoS. You may do a second job, play for your national team in the UK, temporarily work as a sports broadcaster, do voluntary work and study, as long as this does not interfere with the job that you have been sponsored for.

You can remain in the UK as a Tier 2 Sportsperson for a maximum period of 6 years. However, after 5 years’ leave to remain in the UK you may be eligible to apply to settle in the UK.

Page 11: Immigration routes for Sportspersons

Tier 5 Temporary Worker VisaThe Tier 5 Temporary Worker (Creating and Sporting) visa is for sportspersons who wish to work in the UK for a temporary period.

To apply in this category you must be sponsored to come to the UK as a sportsperson by an employer holding a Tier 5 sponsor licence. You will be permitted to come to the UK for up to 12 months.

To qualify for a Tier 5 Temporary Worker visa in the sporting sub-category, you must be either a sportsperson (or a member of a sportsperson’s entourage) who is internationally established at the highest level in your sport, or your employment must make a significant contribution to the development and operation of your sport in the UK. If you are a coach, you must be suitably qualified for the role.

In all cases you must be endorsed by the appropriate governing body for your sport. The endorsement will confirm that your employment meets the criteria above and that your post could not be filled by a suitable settled worker.

To apply you will need to prove that you have specified savings, or your sponsor can certify maintenance for you. You may bring dependants.

If you are coming to the UK for less than 3 months you may not need a visa, depending on your nationality.

When you are in the UK you may be loaned to another sports club if you are sponsored as a player by a sports club, your sport’s governing body permits player loans and you will return to play for your sponsor at the end of the loan. Your sponsor will need to make arrangements with the loan club to allow them to meet their sponsor duties.

Page 12: Immigration routes for Sportspersons

Visit (Standard) Business Sports

Permitted Paid Engagements

(PPE) Visit

Tier 2(Sportsperson)

Tier 5(Temporary Worker)

Maximum length of initial visa 6 months* 1 month 3 years 1 year

Extension 7 7Up to 6 years in this

category in totalUp to 1 year in this category in total

Settlement 7 7 3 7

Sponsor Licence required

7 7 3 3

Minimum salary requirement

7 7 7 7

RestrictionsPermitted Sports

Visitor activities onlyPermitted Paid

Engagements onlyMust work for

sponsoring employerMust undertake role

sponsored for

Dependents 7 7 3 3

* It is also possible to obtain a Visitor (Standard) visa for 1, 2, 5 or 10 years. However, each visit must last no more than 6 months.

Page 13: Immigration routes for Sportspersons

At Richmond Chambers LLP, our immigration barristers provide expert advice to sportspersons, coaches and clubs on UK visa and immigration requirements. We assist professional and amateur sportspersons, employers and event organisers across all sports

to ensure that they can visit and undertake sporting activities in the UK.

For advice and assistance with applying for a UK visa for a sportsperson, please contact our immigration barristers and lawyers in Covent Garden, London on 020 3617 9173 or by email to [email protected].

Seven Henrietta Street | Covent Garden | London WC2E 8PSTel 020 3617 9173 | Fax 020 3004 1611 | Email [email protected] | www.richmondchambers.com