Points Based Migration System

The Points Based System (PBS) for managed migration and the new sport visitor visa is being implemented on 27th November 2008.

Background 
The points-based system is a new approach to legal migration into the UK and combines more than 80 pre-existing work and study routes into 5 tiers. Tiers 2 and 5 directly affect sport (see below). The sport visitor visa, which is outside the scope of the Points Based System, also allows participants to come to the UK to participate in events (see below). For a general overview of what the Points Based System is visit the UK Border Agency website. 

How does it affect sport?
Parts of the system will affect governing bodies, clubs and affiliates wanting to employ staff from outside the EU or those hosting events with competitors and support staff from outside the EU. 

National governing bodies need to define the accessibility criteria for permanent and temporary workers in their sport and endorse migrants playing or working at their clubs. 

Employers (e.g. clubs) need to apply for a license in order to act as sponsors. 

Competitors will enter under a sport visitor visa and not the permit free route. 

Tiers 2 and 5 of the Points Based System
The points based system has 5 tiers, with tiers 2 and 5 directly affecting sport. 

Tier 2 This tier affects professional sports players and coaches wishing to base themselves within a UK team. Players and coaches will be required to have: - A sponsor (i.e. the club for which they will play) - £800 available funds - A basic level of English orally tested Sponsors will need to be endorsed by the relevant National Governing Body

 

Tier 5 This tier is for temporary sports people who come to the UK for up to 12 months. Who enters under Tier 5 of PBS? - Those coming to base themselves in the UK for a sporting season - Those coming to join, represent or perform for a British team, stable,     etc. in return for payment; - Those coming to give coaching - Those unable to use the visitors visa category as they are staying for    longer than the maximum ‘visitor’ period What are the entry requirements for Tier 5? - Tier 5 is for stays in the UK of up to one year - Visits of less than three months require sponsorship but no entry     clearance - Visits of 3-12 months require full clearance

Sports Visitor Visa
The sports visitor visa is outside the scope of the points based migration system. Sportspeople who currently enter the country as visitors will continue to be classified as visitors rather than migrants. As such national governing bodies will not need to act as a sponsor for such individuals. Visitors from countries for which the UK currently requires a visa will still be required to obtain a visa. 

Sports visitor visa  Who is the sports visitor visa for? - Sportspersons coming for specific events - Persons coming for charity events, exhibition matches, etc. - Amateurs joining amateur teams - Amateur sportspersons - Polo grooms, personal/ team coaches, etc. What are the entry requirements for visitors? - Visits are for less than the maximum duration allowed (still to be defined but     likely to be between three or six months) - Current non-visa nationals will require no visa. - Current visa nationals will require a visa as they do today (currently £65)

What is the process? 

Governing bodies, clubs and other agencies
If your sport, club, governing body or other agency employs sports people from outside the EU then you need to consider the code of practice and follow the step by step guide below: 

UKBA		Send code of practice final version to governing bodies
NGB		Sign up to the code of practice	This should be in the form of an email to PBSOperationalPolicy@ind.homeoffice.gsi.gov.uk confirming that you accept the code. Also giving UKBA the main contact for your governing body. Provide an example of your letterhead for UKBA to use as part of verification of the endorsements.
UKBA		Acknowledge as a PBS recognised GB	This will be sent out to employers as soon as possible after UKBA’s receipt of their sign up
NGB		Submit GB Endorsement (GBE)1 requirements (final draft) for T2 and T5 to UKBA	This should be sent to PBSOperationalPolicy@ind.homeoffice.gsi.gov.uk and include requirements for all areas of the sport that GBE’s will be issued for, who’s been consulted, what changes have been made and why. UKBA also need a contact that they can publicise to sponsors.
UKBA		Give clearance	The process will either be 1) : • UKBA will agree with the endorsement requirements and clear • Send notification to GB that it is cleared • Issue the GB with a GB reference number to be used on endorsements Or 2): • Discuss any issues with the GB and resolve them • Clear the document • Send notification to GB that it is cleared • Issue the GB with a GB reference number to be used on endorsements
NGB		Publish the GBE requirements	Should be available, easily accessible and well-publicised on their website and kept up to date.
UKBA			Once this process is completed the governing body is ready to endorse applications for sponsors and migrants
NGB		Publish code of practice

¹ The UK Border Agency can give you further advice on the content of the endorsement requirements but suggest it includes:

  • Whether the endorsement requirements apply to Tier 2 or Tier 5 or both
  • The requirements to be a sponsor
  • The requirements for a player, a coach and other roles (this may include 
     who will not be approved)
  • Whether different arrangements should exist for extensions and changes of 
    employment endorsements
  • Procedures for review and dispute handling arrangements
  • Clarification of consultees engaged in the process
  • How long the requirements will apply for and/or when they will be reviewed
  • Contact details at the governing body for any employer with queries
  • Where the governing body endorsement requirements will be published 
     (e.g. website)

Employers
Employers (e.g. clubs) wishing to bring non-European Economic Area migrants to the United Kingdom under tiers 2 and 5 will need to be a licensed sponsor. Sponsors will be responsible for issuing certificates of sponsorship to migrants and ensuring that their sponsor obligations are fulfilled. Migrants can then use the certificate of sponsorship to apply for entry clearance.

If you have not yet applied for a sponsor's licence and wish to bring in migrants under tiers 2 and 5 you need to apply for your licence as soon as possible.
 
How to apply to become a sponsor
Apply to become a sponsor
Information on sponsorship
Policy guidance document for employers and sponsors
Costs

Competitors
To come to the United Kingdom as a professional or amateur sports visitor, competitors must be able to show that they: 

  • only want to visit the United Kingdom for up to six months;
  • plan to leave the United Kingdom at the end of their visit;
  • have enough money to support and accommodate themselves without working, help from public funds
     or they will be supported and accommodated by relatives or friends;
  • do not intend to charge members of the public for services provided or goods received;
  • do not intend to study;
  • can meet the cost of the return or onward journey

General information on the sports visitor visa 
Eligibility 
Applying for the visa
Costs

Useful contact information
If you have any queries please contact either:

Judith Allen - judith.allen@ind.homeoffice.gsi.uk or
Sue Best - SBest@ukba.gsi.gov.uk 

Tel: 0114 207 2527

Original documentation should be sent to:

Policy Development Manager
Operational Policy and Process Improvement – Team 1 Unit E Employment
Directorate of central Operations and Performance
UK Border Agency
Vulcan House – Steel
PO Box 3468
Sheffield
S3 8WA

Useful links and documents

UK Border Agency
Sponsorship Under the PBS - Statement of Intent 
Tier 2 - Impact Assessment
Tier 5 - Impact Assessment
Sponsorship - Impact Assessment
Code of Practice for Tier 2 and 5