Overseas Player Regulations 2009

November 2008

The following information has been received from the ECB regarding changes to the UK immigration system. The Cornwall Cricket League has sought further clarification from the UK Border Agency, as overseas professionals are not currently applicable to the Cornwall League. Their reply is also published below and in summary states that clubs will need to register if they are paying for accommodation for any overseas player.

ECB Statement

Basic guide to acquiring a sponsor licence

UK Border Agency Statement & links

ECB Website Information Page

Tier 5 Youth Mobility Guidance (Border Agency) NEW April 2009

Overview

Tier 5 Flow Chart

Sports Visitors Visas   NEW May 2009

From the ECB

As you maybe aware, under the changes to the UK immigration system, cricket clubs wishing to have overseas players and coaches will now need to obtain a 'sponsor licence' in order to bring over players and coaches from outside the EU into this country to work, and this licence is obtained from the UK Borders Agency. As part of that application process the clubs will need to obtain a Governing Body Endorsement (GBE) from ECB both for their licence and for each individual that they wish to bring into the country. Following UKBA's approval of ECB's GBE requirement process we are now in a position to release the information relating to these GBEs to the Non First Class Game.

I attach the final GBE requirement document which will also be published on the ECB website click.

At the end of this document you will find several application forms, named Annexes A to G. The GBE document also includes the requirements for sponsors and migrants for First Class Cricket. However, for clarification Non First Class Cricket will be operating under Tier 5 of the new immigration system and will need to use the following forms:

Annex B - to apply for Governing Body Endorsement for your sponsor licence

Annex E - to apply for Governing Body Endorsement for each player-coach you wish to sponsor

Annex F - to apply for Governing Body Endorsement for each coach you wish to sponsor

Annex G - to evidence applications where appropriate

Under UKBA guidance, we need to ensure that we maintain a complete paper trail for these endorsements. It may be important for your sponsor licence that the name of the organisation on the GBE exactly matches the name of the legal entity through which you are applying to UKBA for a licence.

Please note applications for GBEs for clubs will be processed by the ECB from Monday 24 November 2008 and for migrants (player-coaches and coaches) from Monday 5 January 2009. In case you have any concerns about applying through the new UKBA system, we have also attached a basic guide on the process to ensure you are aware of the different stages involved.

Alison Faiers : Ethics & Compliance Manager

England and Wales Cricket Board : Lord's Cricket Ground, London, NW8 8QZ

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Basic Guide to acquiring a sponsor licence

Please note that we cannot provide definitive guidance on UKBA processes. To ensure that you correctly understand UKBA requirements please contact UKBA directly. You may be required to undertake a UKBA visit as part of the sponsor application process. Please ensure you read all relevant criteria before starting this process. If your application for any stage of this process fails you may not be able to receive a refund on application fees for that stage or previous stages.

1. Go to UKBA website - http://www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/ - read guidance about 'How do I sponsor a migrant' and specifically http://www.ukba.homeoffice.gov.uk/employers/points/sponsoringmigrants/applyforlicence/ on 'Applying for a Licence'

2. Register as a sponsor https://www.points.homeoffice.gov.uk/gui-sponsor-jsf/Register/SponsorRegister.faces

3. This will give you a username and password

4. Complete the online sponsor licence application form. Ensure that you apply for the correct Tier - Tier 2 Sport First Class Counties - Tier 5 Sport Non First Class Clubs.

5. You should then be sent a letter/e-mail setting out what documentation you need to send to UKBA and the address you need to send it to. This will include a requirement for Governing Body Endorsement (GBE) from ECB.

6. Go to ECB website www.ecb.co.uk/managedmigration and download our GBE requirement document and application forms. Complete application form for GBE in the relevant Tier (Tier 2 or Tier 5) and send to ECB at the address on the form together with supporting documentation listed on the application form and cheque for correct amount payable to ECB.

7. If criteria are met you will receive a Governing Body Endorsement document from ECB. Once received send this document together with other required documentation, to UKBA at the address provided by UKBA.

8. Sponsor Licence to be sent.

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Border Agency Statement

As long as the players are not getting paid by the club or the club is paying for their accommodation, the clubs don’t need to act as Sponsors so don’t need to Register. As now the player’s govt. will be acting as their Sponsor. There is an increased onus on the employer, however, to make sure that all staff have the right to live and work in the UK.

Andy Martin

Account Manager Sponsor Management Unit UK Border Agency, North-West Region

Information on the assessment criteria (HR systems & Compliance) that Sponsors will be judged against under the new Points Based System can be found at: ASSESSING HR SYSTEMS FOR PBS LICENCE APPLICATIONS

Information on the New Points Based system can be found on our website at: www.ind.homeoffice.gov.uk/sitecontent/documents/managingourborders/pbsdocs/

Useful information for the existing work permit processes can be found at: www.bia.homeoffice.gov.uk/workingintheuk/

Or check out the EMPLOYERS’ TOOLKIT at: www.employingmigrantworkers.org.uk/

The Employers’ Helpline: 0845 010 6677

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