The lifecycle of an international athlete: Part 2 – Key immigration issues when entering the UKHazar El-Chamaa
In the second in Penningtons Manches’ series of blogs for international athletes and their advisers, immigration expert, Hazar El-Chamaa, outlines the key legal points to consider when coming to compete in the UK.
This comes in the wake of athletes being denied entry on arrival or facing delays for failing to take into account immigration requirements. Given the risks of adverse immigration history and reputational damage, it is important to get legal advice early on to make sure any issues are resolved well in advance of a scheduled event.
Below we set out the key immigration and visa issues to be aware of. The information is relevant to both long-term stays (e.g. footballers staying to perform a five year contract) and shorter visits (e.g. tennis players staying for a few days/weeks to compete in a tournament).
Key questions and considerations
Do I need a visa before travelling to the UK?
The answer to this question is NO if:
- you are an EEA or Swiss national; or
- you are a non-visa national (e.g. USA) and entering as a visitor or under Tier 5 for a period of less than three months. See below for other requirements that must be met.
In almost all other cases the answer would be YES and a visa would need to be obtained in your home country under the relevant route before travelling to the UK.
Which route should I come in under?
There are three possible relevant routes to the UK: Visitor; Tier 2 sportsperson; or Tier 5 temporary worker sporting sub-category. Choosing between them will depend on whether the activity you wish to undertake in the UK amounts to work (paid or unpaid) and the duration of your stay. Below we set out the relevant considerations for each route.
Standard visitor - This is a popular route for an athlete who is only coming to the UK to:
- take part in a sports tournament or sports event as an individual or part of a team (this excludes participating in a professional domestic championship or league as this is regarded as employment)
- make personal appearances and take part in promotional activities
- take part in trials provided you are not in front of a paying audience
- take part in short periods of training provided you are not being paid by a UK sporting body
- join an amateur team or club to gain experience in a particular sport provided you are an “amateur” in that sport.
Points to note:
- You must be able to demonstrate that you are genuinely seeking entry for the above reasons
- You must have sufficient funds to cover all reasonable expenses of visit
- The maximum period of stay is six months
- You must not be paid unless entering under Permitted Paid Engagement (see below)
- You must not carry out any prohibited activity i.e. activity must not amount to work (paid or unpaid).
Permitted Paid Engagement - This is a sub-category of the Visitor visa under which professional athletes can enter the UK to carry out an activity related to their profession and be paid.
Points to note:
- This is only available to “professional” athletes
- The activity must relate to the athlete’s profession
- You must be invited by a sports organisation, agent or broadcaster based in the UK
- The maximum period of stay is one month
NB: The athlete’s personal or technical staff employed by them overseas can enter under the visitor route to support their activities provided they are attending the same event. This is applicable if the athlete is entering under either the standard or permitted paid engagement visitor route.
Tier 2 (Sportsperson) and Tier 5 (Temporary Worker -Sporting)
These two routes are available to a professional athlete (and their staff) who will be coming to the UK to take up employment provided the criteria set out in the table below is met.
Points to note:
- Duration of stay:
- Maximum 12 months – Tier 5 Sporting
- Maximum six years – Tier 2 Sportsperson
- Tier 2 sportsperson leads to settlement in the UK on completion of five years residence. Minimum salary thresholds must be met at that stage.
- Cooling off period of 12 months applies on re-entry under the Tier 2 route:
this applies if you were previously sponsored under Tier 2 for more than three months and your proposed annual salary package will be less than £159,600. This means that you will not be able to return to the UK under Tier 2 until the 12 months have passed from when you were last in the UK.
How to apply?
As your application will need to be supported by your sponsor it is important to make sure they are involved in the application process. As the visa application can be complicated we also recommend that you obtain legal advice and assistance ahead of making any visa application. Further information on how to apply can be found at https://www.gov.uk/apply-uk-visa
How far in advance should I make my application?
You can apply a maximum of three months ahead of your anticipated start date in the UK.
How long will it take to process?
Visa processing times vary between countries but usually a decision should be made within two-three weeks and can be expedited for a fee. Visa processing times for your country can be found here: https://visa-processingtimes.homeoffice.gov.uk/
Can I bring my family?
Yes if you are entering under Tier 2 or Tier 5 and provided any children are under 18. If entering as a visitor they will need to apply to enter as visitors in their own right.
What you can and cannot do if entering under Tier 2 / Tier 5
There are certain conditions imposed on your stay in the UK. You will not be able to rely on public funds or start up a business. Your family members will also not be able to rely on public funds. Your spouse/civil partner however is able to work but not as a doctor or dentist in training or a professional sportsperson.
I don’t meet the requirements for these three routes, are there any alternatives?
Most immigration categories now have a prohibition on undertaking employment as a professional sportsperson (including as a sports coach). However, it may be that your family circumstances qualify you to enter under other immigration routes. Below we highlight the most common options:
- UK Ancestry visa: applies if you are a national of a Commonwealth country with a UK born grandparent. The visa if granted will be valid for five years and can lead to settlement in the UK
- Your partner is a British/EEA or Swiss national: this can be your spouse or unmarried partner (if you have lived together for two years). If your partner is British there is a financial threshold and English language requirement that will need to be met which is set by the Home Office.
Beware! Take care over the application
Not only can rejections be damaging to future applications, (previous visa refusals will need to be declared on any subsequent visa applications) but the position may not be held open if you are not able to obtain your visa and enter the UK in time. For example, an athlete may be due to participate in Wimbledon or drive in the British Grand Prix but a visa refusal or failure to obtain a visa in time may result in them being unable to take part in the event.
This blog is for your information only. Please always seek legal advice if you are uncertain about any of the points or steps.
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About the Author
Hazar is a partner in the immigration team at Penningtons Manches. With over ten years’ immigration experience, she provides global immigration solutions to large multinational organisations from a wide range of sectors including sports and entertainment.
She is an elected trustee of the Immigration Law Practitioners Association (ILPA) and has provided training for ILPA, the UK Council for International Student Affairs (UKCISA) and the Boarding Schools Association. Hazar is recommended by TheLegal 500 and is included in the CitywealthLeaders List 2016 for immigration.