Sports Immigration and Transfers

While Premier League players are among the country’s top earners, after the Brexit transition ends on 31st December 2020, those coming from the EU can expect to be treated the same as stars from other parts of the world where they will be required to gain a work permit and meet conditions such as regularly playing for their national team.

The implementation of a new immigration system after 2020 may also mean that European players will have to obtain a “governing body endorsement” (GBE) to transfer to an English club, as is currently the position for non-European players.

A GBE is currently only issued in respect of “elite players”. This usually involves showing that they have international caps or high market value.

Will the knock-on effect of this be to give European clubs an advantage over Premier League clubs in terms of talent pipeline?

For months, the football governing bodies have been battling over how to deal with new immigration rules for overseas footballers playing in England after December 2020, which will come into force when freedom of movement between the UK and the 27-nation bloc ends.

The Football Association (FA) has seen this as a rare opportunity to introduce curbs on the number of foreign players at top clubs in an attempt to force clubs to develop more local talent that will boost England’s national team. The FA had initially demanded a reduction in the maximum number of non-homegrown players allowed in each team’s 25-player squad
from 17 to 12.

FIFA transfer rules prohibit the international transfer of footballers under the age of 18. One exception to this rule is where the transfer is within the EU (FIFA Regulation 19). Currently, under EU legislation, homegrown players are counted as those registered with the FA for at least three years before they are 21 years old, regardless of nationality.

This has previously allowed top English clubs to scoop some of the best European players aged between 16 and 18; however, the rule is expected to change so that, after 31st December 2020, only players from the UK home nations - England, Scotland, Wales and Northern Ireland will be counted as homegrown.

The Premier League is fighting the proposals, suggesting they will harm one of the country’s great international exports, with teams stocked with the world’s best players viewed avidly across the planet.

To gain agreement for quota changes, the FA has offered to loosen the criteria for all overseas players to gain work permits to play in England, which could open the door to less- established players from places such as South America.

The default position will be that unless there is an agreement for how the new immigration rules will be implemented all players will be subject to existing criteria unless new arrangements are agreed. The summer transfer window will, therefore, be the final opportunity for Premier League clubs to overhaul their teams before a new UK immigration regime comes into force.

Horseracing seems to be particularly vulnerable to the imminent immigration rule changes with an existing shortfall of about 1,000 workers and about 10% of its workforce being from the EU.

Formula One would also seem to be highly vulnerable given the location of many teams and their reliance on cross-EU border just-in-time supply chains.

A new immigration system may also affect quotas in rugby and cricket, and it will be interesting to see how the RFU and ECB approach foreign quotas post-Brexit.

Leading figures within cricket and rugby have expressed legitimate concerns about their ability to attract and retain top-tier talent amid uncertainty around the so-called ‘Kolpak Rule’, named after Slovakian handball player, Maros Kolpak.

In 2003, the European Court of Justice (ECJ) held that citizens of countries that have signed EU Association Agreements (free trade treaties between the EU and 78 African, Caribbean and Pacific countries) have the same right to free movement in the EU as Europeans. 

Therefore, restrictions on their right to work, such as quotas on foreign players, would be unlawful.

The ‘Kolpak’ loophole has allowed many rugby and cricket clubs to sign players from countries such as South Africa, Tonga, Fiji and Samoa. However, following the end of the Brexit transition period, free movement of rights will end in the UK and so will presumably the ‘Kolpak Rule’. Existing players have only had their status guaranteed until the end of the season.

JMW’s immigration solicitors are experts in advising both teams and players on immigration to the UK and can offer professional legal guidance to those affected by Brexit-related changes.