The Home Office’s January amendment to the definition of a ‘Professional Sportsperson’ has caused significant concern and has meant that many who hold certain visas have been restricted from participating in some sporting or coaching activities. In the latest Statement of Changes published this month, which you can read more about here, the definition has been altered again.
Update: the Home Office’s position in relation to Tier 4 students was updated in July 2019 and may be updated further.
The January 2019 change
Many immigration categories contain a condition of stay which prohibits the individual from undertaking activities in the UK as a ‘Professional Sportsperson’. Before December 2018 the definition of this term was quite narrow. It was broadened in January 2019 to include the following:
“A “Professional Sportsperson”, is someone, whether paid or unpaid, who:
- is currently providing services as a sportsperson, playing or coaching in any capacity, at a professional or semi-professional level of sport;
- is currently receiving payment, including payment in kind, for playing or coaching that is covering all, or the majority of, their costs for travelling to, and living in the UK, or who has done so within the previous four years;
- is currently registered to a professional or semi-professional sports team, or who has been so registered within the previous four years. This includes all academy and development team age groups;
- has represented their nation or national team within the previous two years, including all youth and development age groups from under 17’s upwards;
- has represented their state or regional team within the previous two years, including all youth and development age groups from under 17’s upwards;
- has an established international reputation in their chosen field of sport;
- engages an agent or representative, with the aim of finding opportunities as a sportsperson, and/or developing a current or future career as a sportsperson, or has engaged such an agent in the last 12 months; and/or
- is providing services as a sportsperson or coach at any level of sport, unless they are doing so as an “Amateur” in a charity event.”
We raised concerns at the time that this wider definition could mean that many people would potentially be at risk of breaching the conditions of their stay in the UK accidently. Scenario 8 was particularly wide.
The March 2019 change
In the latest Statement of Changes there has been some tinkering with the above definition by the Home Office. As from the end of this month, it will read as follows (the parts we have underlined have been changed):
“A “Professional Sportsperson”, is someone, whether paid or unpaid, who:
- is currently providing services as a sportsperson, playing or coaching in any capacity, at a professional or semi-professional level of sport;
- is currently receiving payment, including payment in kind, for playing or coaching that is covering all, or the majority of, their costs for travelling to, and living in the UK, or who has done so within the previous four years;
- is currently registered to a professional or semi-professional sports team, or who has been so registered within the previous four years. This includes all academy and development team age groups;
- has represented their nation or national team within the previous two years, including all youth and development age groups from under 17’s upwards;
- has represented their state or regional team within the previous two years, including all youth and development age groups from under 17’s upwards;
- has an established international reputation in their chosen field of sport; and/or
- engages an agent or representative, with the aim of finding opportunities as a sportsperson, and/or developing a current or future career as a sportsperson, or has engaged such an agent in the last 12 months,
unless they are doing so as an “Amateur” in a charity event.”.
The change explained
The Explanatory Memorandum accompanying the Statement states that the reason for the change is as follows:
We have amended the definition of ‘Professional Sportsperson’ …making it clear when the rule does not apply to a professional sportsperson or coach playing in a charity match, to make it explicit that this rule applies to professional sportspersons.”
Whilst the change does make it clear that a person who is a professional sportsperson can play as an amateur in a charity event, the definition still means that many individuals will be prevented from participating in sporting and coaching activity in circumstances that seem to be particularly harsh and unfair.
Example:
A 19 year old who holds leave to remain in the UK under Tier 4 (General) wishes to play for an amateur netball team.
The following condition applies to her visa: ‘no employment as a professional sportsperson (including a sports coach)’.
The Immigration Rules define ’employment’ as:
‘“employment” unless the contrary intention appears, includes paid and unpaid employment, paid and unpaid work placements undertaken as part of a course or period of study, self employment and engaging in business or any professional activity.’
As long as she will not be receiving payment and will not be playing at a professional or semi-professional level, she can play for the team providing she has not represented her nation or national team, state or regional team in the previous two years, does not have an established international reputation and has not engaged with an agent or representative to find opportunities as a sportsperson, or to develop a career as a sportsperson, in the last 12 months.
According to the Home Office’s definition, it would seem that if she has done any of the above, she would only be able to play for the team as an amateur in a charity event.
Tier 2 (Sportsperson) and Tier 5 (Creative and Sporting)
If an individual did wish to enter the UK to undertake professional sporting or coaching activities, they may wish to consider an application under Tier 2 (Sportsperson) or Tier 5 (Creative and Sporting). A professional sportsperson can apply under these categories if they are sponsored by an organisation which holds a Tier 2 or Tier 5 licence allowing them to sponsor sportspersons.
