Overseas Players Information 2018-05-12T10:41:23+00:00

Guidelines Defining Ordinarily Resident
A person is ordinarily resident if they are normally residing in the UK (apart from
temporary or occasional absences), and their residence here has been adopted
voluntarily and for settled purposes as part of the regular order of their life for the
time being, whether for short or long duration.
• This classification is not UK law it has been developed in caselaw.
• Ordinary residence is established if there is a regular habitual mode of life in a
particular place “for the time being”, “whether of short or long duration”, the
continuity of which has persisted apart from temporary or occasional
absences.
• Ordinary residence is proven more by evidence of matters capable of objective
proof than by evidence as to state of mind.
Further information can be found in the Home Office publication accessed from the
link below. In typical Home Office speak it tends to be fairly vague and leaves it to
others to decide!
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/655489/Nationality-policy-assessing-ordinary-residence-v2.0EXT.pdf
Generally each case will be treated as individual by the MSC until precedents have
been established. If you are unsure about a particular player then contact the League
Secretary preferably by 16th February to ensure that the MSC can carry out the
necessary procedures to check that the player concerned is entitled to be regarded as
ordinarily resident. No assurance can be given that the registration of the player
concerned will be confirmed before the start of the relevant playing season in the case
of any applications submitted after that date. The MSC shall resolve all applications
and their decision shall be final and binding

Guidelines Defining the Category of Players

Category 1:

A player qualified to play for England under the current ECB regulations.

Category 2: Contracted Player

A player (capped or uncapped) qualified to play for England under the current ECB regulations and, currently, under contract to a First­Class county.

Category 3: Overseas Player

A player not qualified to play for England under the current ECB regulations. The definition of an overseas player is as per ECB guidelines, a copy of which is held by the League Secretary.

Category 3 (E): Overseas Player (exempt)

In the unlikely event of a player wishing to claim exemption please contact the League Secretary for details.

Managed Migration in Club Cricket – 2017 update

Since September 2016, the ECB has worked predominantly with accredited ECB
Premier Leagues to assist them with the monitoring and enforcement of the
Immigration Rules set by the Home Office (the Rules) and to further educate them in
relation to the potential application of those Rules and the impact of Managed
Migration in club cricket more generally.
In September 2016 and, again, in January 2017, I wrote to clubs advising that the
Home Office had spoken to the ECB regarding restrictions on players from outside the
EEA entering the UK using the Standard Visitor visa, the Youth Mobility Visa or as a
Non-Visa National. In particular, these visas only allow a player to join an amateur
team or club to gain experience in a particular sport if they are an “Amateur”. The term
“Amateur” is defined by the Rules as:
“a person who engages in a sport or creative activity solely for personal
enjoyment and who is not seeking to derive a living from the activity. This also
includes a person playing or coaching in a charity game”.
The term “Professional Sportsperson” is defined by the Rules as someone, whether
paid or unpaid, who:
“is providing services as a sportsperson, playing or coaching in any capacity,
at a professional or semi-professional level of sport; or
being a person who currently derives, who has in the past derived or seeks in
the future to derive, a living from playing or coaching, is providing services as a
sports person or coach at any level of sport, unless they are doing so as an
“Amateur”.”
The Home Office has advised that it would consider that the following are likely to be
included in the definition of “professional sportsperson”:
• players who have played for professional or semi-professional clubs at junior
levels, which may include under 19s teams, whether they were paid or not;
• coaches of junior teams of professional or semi-professional clubs, whether
they were paid or not;
• former professional sportspeople who have formally reverted to amateur status
according to the rules of their sport; and
• players who have played representative sport for their state, country, or
territory, whether they were paid or not.
The ECB correspondence is enclosed. Please click on this link to view a copy of the
Home Office’s guidance, dated 14 June 2017, on this subject:
https://www.gov.uk/government/publications/visit-guidance. (The four bullet points are
taken from pages 26 and 27 – note that the first bullet point above is different as it
reflects the updated position of the Home Office since the guidance was issued).
Having now reviewed levels of compliance with the Rules across a number of
accredited ECB Clubs and Premier Leagues as part of the ECB’s 2017 season review
and following further recent discussions with, and directions from, the Home Office, it
is important that all accredited ECB Clubs and Leagues are aware of the following
information:
• The ECB identified a number of clubs that appeared to be in breach of the
Rules as a result of one or more of their non-EEA players being in breach of
their visa. These clubs have now been formally notified as to such breach(es)
and have been warned of the consequences of any further such breaches.
• For the 2018 cricket season it is expected that less players will be able to gain
access to the UK, using the incorrect visa, due to practical changes in the way
the Home Office will manage migration.
• The criteria used in 2017, and the guidance provided by the ECB on the
directions of the Home Office, remains unaltered.
• By way of additional clarification, the Home Office have also confirmed that a)
the payment of a player’s airfare or accommodation and/or b) the use of an
agent to promote the availability of players, is likely to increase the prospect of
the Home Office considering the player to be a “professional” and, as a
consequence, the risk of that player being deemed ineligible to participate in
accredited ECB Leagues.
• If clubs are in any doubt as to player eligibility, then they should seek guidance
from the Home Office prior to undertaking any such arrangements. Should you
experience any issues when contacting the Home Office then please let me
know.
• Clubs found to be in breach of the visa regulations could be subject to the
highest level of sanctions available for breaching the Rules.
• The ECB and other sports governing bodies are working collaboratively with
the Home Office regarding possible amendments to the Rules and related
guidance the Rules for implementation for the 2019 cricket season. Precise
details are expected to be agreed by autumn 2018.
It is essential for Clubs to comply with the published Rules and clubs registering
and/or playing non-EEA migrants must abide by these Rules.
Note:- The ECB is not registered or qualified to give advice on immigration.
Information on aspects of immigration policy and law can be found on the Home
Office website.

Paul Bedford
National Participation Manager (Leagues and Competitions)

 

It is advisable that all member clubs of league read the following, especially the final section: Sanctions and Penalties

All non EEA citizens will require prior permission (a visa) to come to the UK to participate in sport if

they do not hold:

British passport (or is a spouse/ dependant of)

European passport (or is a spouse/ dependant of)

Ancestral visa

 

Most common visa types within Cricket are:

Tier 5 Creative & Sporting
Standard Visitor Visa
Non Visa Nationals (not an actual visa)
Tier 5 Youth Mobility
Tier 4 (Student)

The ECB are not registered immigration officials and cannot offer definitive advice. Our understanding of the immigration rules for each visa is:

Tier 5 Creative & Sporting:

Designed for professionals in their home country coming here and acting as a professional.

Can: Be employed as a player and/or coach for the main sponsor, (or another “sponsor” under the Supplementary Employment rules).

Cannot: Seek any other type of employment other than what they were granted permission for to enter the UK.

In 2015, 3 Migrant endorsements were issued by the ECB for clubs in Notts.

In 2016, 2 Migrant endorsements were issued by the ECB for clubs in Notts.

Standard Visitor Visa:

3 years old – merged version of the old Sports Visitor, General Visitor and Business Visitor. Policy of each still applies.
Sports section is for a person to join as an amateur in a predominantly amateur team or club to gain experience in a particular sport if they are classified by the Home Office as an Amateur in that sport.

Can: Play sport whilst in the UK, as an amateur, providing they are classified as an “Amateur” by the Home Office. Receive reasonable expenses for travel and accommodation (a reasonable amount would be based on the cost of living in that geographical location).

Cannot: Seek employment – paid or unpaid. Coach in any capacity.
Play sport as an amateur if they are classified as a “Professional” by the Home Office (paid or unpaid).

Non Visa Nationals:

Nationals of Non Visa Nations such as Australia and New Zealand are not required to apply for a visa to visit the UK if they are here for less than 3 months initially, extendable to 6 months.

They must comply with the Standard Visitor Visa (sports) immigration policy.

Can: Play sport whilst in the UK, as an amateur, providing they are classified as an “Amateur” by the Home Office.
Receive reasonable expenses for travel and accommodation (a reasonable amount would be based on the cost of living in that geographical location).

Cannot: Seek employment – paid or unpaid.
Coach in any capacity.
Play sport as an amateur if they are classified as a “Professional” by the Home Office (paid or unpaid).

Tier 5 Youth Mobility Scheme:

This provides individuals (aged 18 to 30) from certain countries an opportunity to come an experience living and working in the UK.

Can: Seek employment (but not as a sportsperson or coach).
Act as a Coaching Assistant, providing it is under direct supervision of a qualified coach.

Receive reasonable expenses for travel and accommodation (a reasonable amount would be based on the cost of living in that geographical location).

Cannot: Act as a professional sportsperson – paid or unpaid.
Play or Coach sport as an amateur if they are classified as a “Professional” by the Home Office

Tier 4 (Student):

Most commonly used by students from abroad studying at a University in the UK.

Can: Play sport whilst in the UK, as an amateur, but only for their local club
or the Education Institution they are studying at.

Cannot: Be paid to play. Seek employment that is not part of the subject they are
studying – Coach in any capacity – unless it is part of their course they are studying.

Home Office definition of Professional vs Amateur:

Paragraph 6 of the Immigration Rules set out the definitions for an amateur and a professional sportsperson:

An “Amateur” is a person who engages in a sport or creative activity solely for personal enjoyment and who is not seeking to derive a living from the activity. This also includes a person playing or coaching in a charity game.

A “Professional Sportsperson”, is someone, whether paid or unpaid, who : is providing services as a sportsperson, playing or coaching in any capacity, at a professional or semi-professional level of sport; or being a person who currently derives, who has in the past derived or seeks in the future to derive, a living from playing or coaching, is providing services as a sportsperson or coach at any level of sport, unless they are doing so as an “Amateur”.

Deriving a living is defined as receiving payment for playing cricket and does not need to be the sole earnings.

A person may also be considered as “seeking to derive a living” if they have played as part of a player pathway**.

** Player “Pathway”: A player may be considered to be on a “Pathway” and therefore classified as a “Professional Sportsperson”, if that person has played cricket above U17 at state/ province/ territory level (paid or unpaid) in any country.

Responsibility of Clubs:

Clubs wishing to use the services of a player who is in the UK, but not on a Tier 5 Creative & Sporting (Non FCC) visa, must ensure that the visa the person has, allows them to play and/or coach.

They must make their own checks, and not solely rely on information that Agents provide them.

Sources of support:

ECB Managed Migration website – https://www.ecb.co.uk/governance/regulations/governing-body-endorsement

Home Office website – https://www.gov.uk/government/organisations/home-office

Sponsor & Employer Enquiries: 0300 123 4699 or BusinessHelpdesk@homeoffice.gsi.gov.uk

Sanctions and Penalties

ECB:

If any club found to be playing an individual who is in breach of their visa the process is to:

  • Inform the Home Office of the breach
  • Recommend to the club that they no longer use the player
  • Inform the league and request that they take the appropriate action as per the league rules

The same process will apply if a player, in breach of the visa rules, was denied registration in one league to be found registered in another.

Home Office:

“Employment” can be paid or unpaid.

In cricket, the club Chairman holds the legal responsibility for all activities in the club and is therefore the “Employer”

An employer who has not carried out the correct checks or chooses to ignore the requirements

  • Faces a penalty of up to £20,000
  • The individual concerned could be stopped from entering the UK or deported
  • If the club holds a current Tier 5 Sponsor License they can expect this to be withdrawn

 

for explanations see the document below