Governing body - Sport and Recreation Alliance

advertisement
PBS & Sports Visitor visa
Heather Aust
Solicitor
Employment & Immigration specialist
What we will cover
• A recap of the five Tiers
• Focus on Tier 2 (Sportsperson)
• Focus on Tier 5 (Temporary worker creative and sporting)
• Other potential options inc Sports
visitor
• Case study
Points based system: tiers
• Tier 1 - Highly Skilled, Entrepreneurs, Graduate Entrepreneurs,
Investors, Exceptional Talent, Post Study Work
• Tier 2 – Skilled workers with a job offer (General), Intra
Company Transfers (ICTs), Ministers of religion, Sports people
• Tier 3 – Low Skilled Workers needed to fill temporary labour
shortages (on hold)
• Tier 4 – Students (general), Prospective students
• Tier 5 – Youth Mobility and Temporary Workers (creative and
sporting, charity workers, religious workers, government
authorised exchanges, international agreement)
How does it work?
• Migrants need to meet criteria for relevant
Tier
• Online self assessment to see if necessary
points have been attained
• Self assessment form is basis of the
application
• Applicants need to provide “independently
verifiable documentation”
• Sponsorship is key for Tiers 2, 4 and 5
Tier 2 (sportsperson)
For elite sportspeople and
coaches who are internationally
established at the highest level,
and will make a significant
contribution to the development of
their sport.
The application will need to be
endorsed by the sport's governing
body.
Governing body
 A governing body is one that is recognised by one of the home
country sports councils, e.g. the Football Association. The
UKBA publish a list of approved governing bodies.
 If your sport does not have a governing body recognised by a
sports council, you contact the UKBA who will consult the
Department for Culture, Media and Sport, Sport and Recreation
Alliance and/or other sports councils to find out if there is an
appropriate body that could act as the governing body
recognised by UKBA.
 In giving its approval, the governing body confirms that the club
is a genuine club (or equivalent), and there is a legitimate need
to bring migrants to the UK as sportspeople.
Recognition as a governing body
Sports governing bodies must agree to follow the UKBA’s code of practice
before they will recognise them.
The system of endorsement requires the recognised governing body to
actively participate in ensuring the Points Based System is not abused.
The recognised governing body must be accountable for its actions and
decisions to sponsors, stakeholders and the Agency
The recognised governing body should be as open and transparent as
possible in their role.
Where a sport has a governing body in each home country, the UKBA will
recognise either one governing body from each home country, or where
the home countries have agreed, one lead body to represent them all.
Role of governing bodies
Under the sportspersons categories of Tier 2 and Tier 5, it is the
responsibility of the recognised governing body to:
• agree, publish, maintain and implement requirements under which they
will issue endorsements for sponsor licences and initial, change of
employment and extension applications for migrants.
• consider and issue a governing body endorsement to an organisation
(for example a club) who wishes to obtain a licence to become a
sponsor licensed by the UK Border Agency under the sportspersons
categories of Tier 2 or Tier 5.
• consider and issue an endorsement to endorse the issue of a
certificate of sponsorship by a sponsor for each individual migrant
either wishing to enter the UK or extend their stay under the
sportspersons categories of Tier 2 or Tier 5.
Tier 2 sponsor
 Needs a licence issued by UKBA
 Normally UKBA expect the sponsor to be in a direct
employer/employee relationship with the migrant
 Expect sponsor to be person paying the migrant and
the person with control over the migrant
 Need to make sure HR systems and migrant
compliance up to scratch
Certificate of Sponsorship
Your sponsor can assign a Certificate of Sponsorship
(CoS) to an individual if:
 they are qualified to do the job;
 they plan to base themselves in the UK for the
duration of their permission; and
 they will comply with the conditions of their
permission to stay and leave the UK when that
permission expires
The CoS must also contain an endorsement number
from the governing body for the sport.
Certificate of sponsorship
Sponsor must apply for a Certificate of Sponsorship
(CoS) on the Sponsor Management System (SMS)
If granted, the allocation of CoS will be updated on the
SMS
The CoS is a unique reference number which is then
assigned to the individual within a 3 month time frame
The CoS is then used by the individual to make
their application for entry clearance within
3 months
Sponsor guarantees
In assigning a CoS, the sponsor will have guaranteed
that the employee:
• is seeking entry to the United Kingdom to work or
perform in the relevant sector;
• is not intending to establish a business in the United
Kingdom;
• poses no threat to the resident labour force; and
• will comply with the conditions of their permission to
stay and leave the United Kingdom when it expires.
Entry clearance
Individual must score a minimum of:
• 50 points for a valid Certificate of Sponsorship; and
• 10 points for English language skills; and
• 10 points for Maintenance (sponsor can certify funds)
Even if they score the required 70 points application is not
guaranteed to be successful
Individual will need to enrol biometrics
Length of leave under Tier 2
 Successful Tier 2 (Sportsperson) applications will be
granted leave up to 3 years with the possibility of
extending for a further 3 years
 No extension beyond 6 years
 Not able to re-apply to return to the UK under Tier 2
until 12 months after previous leave under Tier 2 has
expired
 If they leave their job the sponsor must inform UKBA
and they will curtail leave
Conditions of stay
If an individual has permission to stay in the UK, the
only work they are allowed to do is:
 the job described in the CoS, working for their
sponsor; and
 an extra job in the same sector and at the same level,
provided no more than 20 hours per week (must be
outside working hours on CoS); and
 unpaid voluntary work.
Football transfers
 Football players sponsored by a club in the UK, do not
need to make a new application if they move on loan to
another club in the UK.
 If the player is permanently transferred to another football
club in the UK, or they are moving on loan from a club
overseas to a club in the UK, then they must make a new
application.
 They will need a new Certificate of Sponsorship
and a new governing body endorsement.
Settlement
At present, you cannot apply for settlement until you have been in
the UK for a continuous period of 5 years in an eligible
immigration category
Also, the sponsor must certify in writing that they still need the
employee in the job
Must have sufficient English language ability and knowledge of
life in the UK
New requirements from 6 April 2016 including:
•
£35,000 per year (before tax); or
•
the correct rate of pay for your job as stated in the Code of
Practice (whichever is higher)
Tier 5 (temporary worker –
creative and sporting)
•
•
Must be internationally established at the highest level in the sport
and/or your employment will make a significant contribution to the
development and operation of that particular sport in this country;
coaches must be suitably qualified to fulfill the role in question.
In order for a Certificate of Sponsorship to be assigned for a
sportsperson under Tier 5, the sponsor will need to have an
endorsement from the appropriate governing body for your sport.
The endorsement will confirm that:
• you are internationally established at the highest level; and/or
• your employment will make a significant contribution to the development
of your sport at the highest level in the United Kingdom; and
• the post could not be filled by a suitable settled worker.
Tier 2 & 5 – governing bodies
Sport
Governing body
Athletics
UK Athletics
Badminton
Badminton England
Badminton
Badminton Scotland
Basketball
Basketball England
Basketball
Basketball Ireland
Boxing
British Boxing Board of Control
Canoeing
British Canoe Union
Cricket
ECB
Cricket
Cricket Scotland
Cricket
Cricket Ireland
Cycling
British Cycling
Equestrianism
British Horse Society
Fencing
British Fencing
Field Hockey England
England Hockey
Football England
The Football Association
Gymnastics
British Gymnastics
Rowing
British Rowing
Rugby League
Rugby Football League
Rugby Union England
Rugby Football Union
Swimming, water polo, diving and
synchronised swimming
British Swimming
Table Tennis
English Table Tennis Federation
Tennis
Lawn Tennis Association
Wrestling
British Wrestling Association
Tier 5 (temporary worker –
creative and sporting) - overview
1.
the sponsor obtains an endorsement from a UKBA-recognised sports governing body
2.
the sponsor makes a successful application to join the UKBA Register of Sponsors
3.
the sponsor makes a successful request for a CoS allocation
4.
the sponsor identifies a potential employee for sponsorship and makes an initial
assessment of their eligibility
5.
the sponsor ascertains the relevant sports governing body's migrant endorsement
criteria and assess the migrant against these
6.
the sponsor requests a migrant endorsement from the relevant sports governing body
7.
the sponsor makes a detailed assessment of whether the eligibility criteria for issuing a
CoS are met, and, if satisfied, issues a CoS on the SMS using the migrant’s governing
body endorsement unique reference number, and
8.
the sportsperson submits their entry clearance or leave to remain application—they will
need to meet the requirements of the Immigration Rules when making the application
Entry clearance
Individual needs to score 40 points as follows:
• Certificate of Sponsorship 30 points
• Maintenance requirement 10 points
• £900 of personal savings which must have been held for
at least a consecutive 90 day period ending no earlier
than 31 days before the date of application; or
• Employer can certify maintenance
• Maximum 12 months, extend for a further 12 months
Switching
A person can apply for leave to remain under
Tier 2 (Sportsperson) if they previously had
leave under Tier 5 (temporary worker – creative
and sporting) as a professional footballer
Switching into Tier 5 (temporary worker
creative and sporting) is permitted in limited
circumstances and for Sports Visitors only
Visitor undertaking permitted paid
engagement
If undertaking a pre-arranged paid engagements for a period of up to 1
month at the invitation of a UK-based sports organisation
Key conditions:
•
•
•
•
•
•
they must intend to leave the UK at the end of the visit
they must be able to meet the cost of their return or onward journey
they must be aged 18 or over
they must not be in transit to another country outside the Common Travel
Area
they must not intend to take employment, produce goods or provide services
in the UK other than as permitted under the permitted paid engagement, and
they must maintain themselves out of their own resources without accessing
UK public funds or taking employment, or will be adequately maintained and
accommodated by relatives or friends
Sports visitors
The Sports visitor category is intended to enable
sportspersons who are based abroad to come to the
UK for short periods for specific events, e.g. to take
part in a competition, tournament, charity match,
trials or series of events.
This category covers both amateur and professional
sportspersons. This is distinct from those seeking
entry under the Tier 5 (Creative and Sporting) subcategory
Sports visitors
The UK Border Agency's Entry Clearance Guidance
(ECG) for sports visitors includes an extensive list of
sports accepted for the purpose of a business visit by
a sportsperson including aikido, American football,
angling, windsurfing, wrestling and yoga.
The list is not exhaustive and an application submitted
for a sport not mentioned may still be accepted.
Sports visitors
• they may be of amateur or professional status
• they may be individuals or teams/groups
• they must be based overseas and not intend to base themselves in the UK
• they may take part in promotion activities, broadcasts and television interviews
provided they are not paid a fee
• they may receive cash prizes but otherwise must not be paid, apart from receiving
'board and lodging and other reasonable expenses‘
• they can take part in one or more of the particular events or activities listed within
the sports visitor categories of the Immigration Rules, and
• they may take part in trials or auditions provided these do not take place in front of
an audience—paying or non-paying.
Sports visitor
•
Specific events
•
Charity events and exhibition matches
•
Training
•
Personal appearances and promotional activities
•
Amateur sportspersons joining amateur teams
Case study
Stuart is an outstanding Australian cyclist and is
due to partake in the Tour de France. He will travel from
Australia to the opening stage in Yorkshire en-route to
France for the remaining stages. He plans on partaking
in some paid TV interviews before the race starts and
will be in the UK for a maximum of one month.
What options are available to Stuart to enable
him to work for Team Sky in the UK?
Workshop locations
Download
Related flashcards

Diving medicine

23 cards

Murdered sportspeople

68 cards

Sport deaths in Italy

35 cards

Sport deaths in France

45 cards

Create Flashcards