Select Committee on Education and Employment Minutes of Evidence


Annex D

Work Permit Arrangemnts for Footballers: 1999-2000 Season

INTRODUCTION

  Work permit criteria for non-European Economic Area (EEA) footballer players for the 1999-2000 season were announced on 2 July 1999, following discussion with the football governing bodies in England and Scotland. Work permits will be issued by the Department for Education and Employment's Overseas Labour Service (OLS) to international players of the highest calibre who are able to make a significant contribution to the development of the British game at its highest level (clubs competing in the Premier Leagues and Football Leagues in England and Scotland). The criteria are as follows:

CRITERIA

  A player must have played for his country in at least 75 per cent of its competitive "A" team matches that he was available for selection during the two years preceding the date of the application;

    —  The FIFA ranking of the player's country must be at or above 70th place in the official rankings list when averaged over the two years preceding the date of the application.

Competitive Matches

  The definition of a competitive "A" team international match is a:

    —  World Cup Final game;

    —  World Cup Qualifying group game;

    —  Football Association confederation tournament game, for example: The European Championship; The African Cup of Nations; The Asia Cup; The CONCACAF Championship; and The Copa America.

International Appearances

  Prior to submitting an application to the OLS, clubs should ensure that the Football Association/Scottish Football Association are approached to provide written confirmation of the player's international appearance record over the preceding two years. The OLS will be unable to make a decision on the application until the written reply from the FA/SFA is received.

  Exclusion from selection for international matches due to injury will be a factor that is taken into consideration when applying the criteria. Clubs will be asked to submit supporting medical evidence in such cases.

FIFA Rankings

  There are currently 202 international teams listed in the official FIFA rankings. Those countries which have regularly achieved a 70th placing or higher over a period of two years are regarded as nations who have competed regularly at a highly competitive international level, and, have players of the highest standard playing for them who have contributed consistently to the achievement of that world ranking.

  The OLS will update the aggregated two year FIFA rankings on each occasion the official lists are published (normally monthly). It is planned to make this information available on the Department OLS Internet web site by the end of August 1999 (see note i below). Until that date clubs who may be considering submitting an application are invited to contact the OLS first to discuss any issues regarding the ranking position of a country.

Length of Work Permit Issue

  (i)  First Applications: the work permit will be valid in line with the duration of the player's contract with that UK club (up to a maximum of three years).

  (ii)  Subsequent Applications: a club must submit a new applicaiton after expiry of the work permit if they wish to retain the services of a player. If the work permit criteria are satisfied at that stage ie a minimum of 75 per cent international games over the previous two years, and, the FIFA ranking is at or above 70th place, a permit will be issued for up to a maximum of a further three years.

  (iii)  Change of Employer (transfer of player): a club wishing to sign a player from another UK club must submit an application to OLS who will then issue a work permit, for up to a maximum of three years, if the work permit criteria are met at that stage ie as in (ii) above.

Salary Information

  Clubs no longer need to include details of a player's salary in the work permit application.

Trials and Loan Agreements (See note ii below)

  Work permits will not be issued to clubs for the purpose of having players on loan or to trial them. Clubs may wish to approach the Home Office for further information should they wish to consider taking a non-EEA player on trial.

Consultation

  Consultation with the football governing bodies on individual applications will no longer take place.

Reviews

  Where an application does not meet the published criteria a club may, if they wish, seek a review against the decision not to issue a work permit. In these cases the OLS will refer the club's evidence to an independent review panel. The panel will normally consist of representatives from the relevant football governing bodies together with up to three independent experts. They will consider whether the player is of the highest calibre and able to contribute significantly to the development of the game at the top level in the UK. The Review panel's recommendation will be forwarded to the Department for Ministerial decision.

NOTES

  An addendum was made to the criteria in September 1999 and circulated to the football governing bodies. This contained the following information:

  (i)  Due to technical difficulties it has not yet been possible to enter the aggregated FIFA rankings information onto the Department's OLS Internet website. It is now planned to have the details available by the end of October (in the meantime OLS officials will continue to provide clubs with up to date information about the rankings should they have any queries).

  (ii)  Loan deals will not be treated any differently to other contractual arrangements which form part of a work permit application for a footballer. However, permits would not be issued to clubs for the purpose of having players on trial.


 
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