PBS

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PBS Sports Visitor visa
Heather Aust Solicitor Employment Immigration
specialist
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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

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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)

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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

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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.

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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.

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Recognition as a governing body

• Sports governing bodies must agree to follow the
  UKBAs 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.

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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.

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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

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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.

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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

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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.

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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

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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

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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.

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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.

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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)

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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.

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Tier 2 5 governing bodies
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Tier 5 (temporary worker creative and
sporting) - overview

• the sponsor obtains an endorsement from a
  UKBA-recognised sports governing body
• the sponsor makes a successful application to
  join the UKBA Register of Sponsors
• the sponsor makes a successful request for a CoS
  allocation
• the sponsor identifies a potential employee for
  sponsorship and makes an initial assessment of
  their eligibility
• the sponsor ascertains the relevant sports
  governing body's migrant endorsement criteria and
  assess the migrant against these
• the sponsor requests a migrant endorsement from
  the relevant sports governing body
• 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 migrants governing body
  endorsement unique reference number, and
• the sportsperson submits their entry clearance or
  leave to remain applicationthey will need to
  meet the requirements of the Immigration Rules
  when making the application

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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

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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

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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

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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) sub-category

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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.

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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 audiencepaying or non-paying.

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Sports visitor

• Specific events
• Charity events and exhibition matches
• Training
• Personal appearances and promotional activities
• Amateur sportspersons joining amateur teams

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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?

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Workshop locations