Free movement for all EU nationals, including professional sports people, came to an end when the UK left the EU – but what does this mean for English football?
Prior to 1 January 2021, football clubs were able to sign players freely if they were citizens of the EU or Switzerland. This meant that football clubs within the UK had easy access to a Europe-wide talent pool, which enabled clubs to buy and sell players across the continent freely and which, over the years, provided English football with some of the best players in the game.
However, now EU and non-EU nationals have been placed on a level playing field, with a requirement for them to secure a Governing Body Endorsement (GBE) from a sports governing body before the Home Office will consider granting them a sportsperson visa. Players will need to demonstrate that they are elite, internationally established at the highest level and will make a significant contribution to the development of their sport in the UK. They will score points based on their international appearances, the quality of the selling club, the league the club is in, the league position and continental competition, as well as club appearances based on domestic league and continental competition minutes. Players who score 15 points or more will earn a GBE which they can then use to support their application for a sportsperson visa.
Research conducted by the BBC in 2016 highlighted that at that time, 332 EU national Premier League, Championship and Scottish Premiership players would not satisfy the requirements. Understandably, this has led some observers to raise significant concerns about the impact which these new rules will have on English football.
In contrast, the FA has stated that they see Brexit as an opportunity to introduce caps on the number of migrant players at top UK clubs. They have said they expect that this will increase the number of English players in the Premier League and shift the focus on to channeling homegrown talent. Current opinion, however, remains divided.
The Premier League states there is no evidence that this will work. Instead they are concerned that, if anything, the new rules will allow European clubs, heavy with high-profile international players, to cash in. The impact on English football could be detrimental, with European clubs benefitting from the availability of migrant players.
What is clear is that clubs and agents alike will need to begin strategically planning players’ moves in advance, ensuring they have the right combination of appearances in order to secure GBEs and bring their skills across to UK football. The changes may also see English players examining their ancestry to obtain EU passports (such as Irish passports) in order to freely move to European clubs should they find it difficult to break into the Premier League and/or EFL.
Academy players
The rules now state that Premier League clubs can no longer sign players under the age of 18. How UK football will recruit the next Cesc Fabregas under the new rules remains to be seen.
As a result of the changes, there was a rush by Premier League teams in the summer of 2020 to capture the signatures of teenage players. In theory, the new rules will open space in Premier League academies for local home-grown players. This may give more opportunity to British players to gain a place and progress to the edge of the senior side, but Jurgen Klopp, for one, has argued that reducing the quality in academies may just result in British clubs producing fewer top-class players. There is a valid argument that the best players learn from playing with the best players.
The rules do, however, allow for some flexibility around overseas players aged 18 to 21, who may be on the edge of the first team but have not yet accumulated enough GBE points to make a move to the UK. The GBE has a separate set of criteria governing potential signings for this age group, such as receiving credit for youth international appearances, if they fail to make the required 15 points from the general criteria. In addition, the number of overseas U21 players a club can sign has been extended from three in the January 2021 transfer window to six per season moving forwards. The cap on the number of U21 players only seems to apply to Premier League clubs, with EFL clubs presumably being able to recruit as many as they wish.
Despite the UK being made up of four national football associations (England, Wales, Scotland and Northern Ireland), the transfer of players aged 16 to 18 years between them is permitted under the new rules, where the transfer takes place between two national associations in the same country.
The transfer windows
The January 2021 transfer window was the first opportunity for clubs and agents to see how the new system would work in practice. But the impact of COVID-19 on football seems to have resulted in reduced transfer activity. The new rules are due to be reviewed following January’s transfer window and it is likely they will be reviewed once again after the summer transfer window.
Management and other staff
Whilst much of the focus is on players, coaches and managers must also be considered. Over half of Premier League clubs hold non-British staff. Similarly to players, any EU national coaches or managers must now also secure a Governing Body Endorsement (GBE) from a sports governing body if they want to be considered for a sportsperson visa. They will need to demonstrate that they have been working within top leagues for two consecutive years, or for three of the previous five to receive a GBE or, have managed an international team in the top 50 of the FIFA rankings for the entire five-year period prior to their application for a GBE. Applying these criteria, Ole Gunnar Solskjaer simply wouldn’t have made the cut when he joined Manchester United back in 2018.
EU Settlement Scheme
EU nationals, including players, non-playing staff (as well as coaches, scouts, club executives and sporting and football directors) and intermediaries who have been residing in the UK prior to 11:00 on 31 December 2002, will need to be supported to retain their right to reside and work in the UK. They will need to apply for status under the EU Settlement Scheme before the deadline of 30 June 2021. The Scheme applies not just to EU nationals but also their family members.
Where will the rules have the biggest impact?
Business is expected to remain as usual at the top end of the market because top signings will have the requisite points, (15) to come to the UK under GBE, which they will have earned through international appearances and regularly turning out in top-ranked European leagues and cups.
However, whilst the Premier League’s future talent may be secure under GBE, many current EFL Championship players would not fulfil the new GBE criteria. In addition, whilst the majority of League One and League Two and Women’s Championship players are UK or Irish nationals, prospective recruits from the EU will be unlikely to obtain an endorsement.
An unexpected result of GBE may be increased interest from Premier League clubs in signing players from the Argentinian, Mexican and Brazilian leagues. Under the new GBE points system, leagues around the world are placed into bands and players performing in the higher bands can claim more points. It is estimated that more than 550 players from these three South American leagues currently meet the new criteria, could obtain a GBE and be soon winging their way to the English top tier. It is also understood that the new rules governing transfers from these countries are less stringent than before, and we expect to see these markets opening up.
Supporting sportspeople
Our experienced immigration and sports teams support a range of sporting organisations across the UK including football, cricket and rugby on UK visa and immigration matters and work with clubs, representative associations, intermediaries and athletes. Please feel free to get in touch.
