Basketball players and coaches

Background

This page explains the work permit criteria for basketball for the 2008-09 season. These criteria were agreed following consultation with the governing bodies, England Basketball, British Basketball League and Basketball Association of Wales. This criteria is supplementary guidance to the published employer guidance notes and both sets of guidance should be referred to when making an application.

Length of season

The season for basketball runs from mid-September to early-May.

Criteria for players

Male players

Players from the USA and Canada

Players coming to the United Kingdom from the USA and Canada must have completed at least four years eligibility in the college system (this can include up to two years at junior college), having played in one of the three divisions of the National Collegiate Athletic Association (NCAA) or in the National Athletic Inter Schools Association (NAIA).

Some players take five years to complete their four years college education due to taking a year out (known as red-shirting). Players will not be penalised for following this option.

The playing record should confirm that the player has made a significant contribution to the game. In the previous two seasons the player should have played in at least 75% of games he was eligible to play in (including conference and tournament games).

Players from other countries

Clubs applying for a work permit for players from other countries will need to demonstrate, through appropriate statistics, that the player is at least of an equivalent standard to that outlined above for USA or Canadian nationals.

Applications will only be approved where, in not more than the 18 months prior to the date of the work permit application, players have either: played 75% of available games in a professional league or at a US college; or 75% of the available games for an international team.

Where clubs are applying for work permits for players who have attended a US college, they will be judged on the same criteria as USA or Canadian nationals.

Where international players have not attended a US college, their playing record should confirm that the player has made a significant contribution to the game. In the previous two seasons the player should have played in at least 75% of the country's available international games (including friendly fixtures) unless it can be proved that they were not available for those games.

Women players

Applications for women players will be considered against the same criteria as for men. However applications will also be considered for players in America who are currently playing in a fully professional (for example Women's National Basketball League, WNBA) or semi-professional league (for example. an urban or city league) or have played at this level within the 18 months prior to the work permit application. Clubs should provide evidence to demonstrate that the player is receiving at least expenses for playing in such a league, i.e. that person is not an amateur player. This may be in the form of sports sponsorship that the team receives, for example income from local business.

Extensions

Players returning

Where an overseas player is returning for another season (after playing in the United Kingdom during the previous season), the United Kingdom club have to demonstrate that he played at least 75% of his previous United Kingdom team's competitive games where he was available for selection.

The definition of the term 'available' is when the selection of the team was undertaken the player was present in the United Kingdom and was not injured or suspended

Clubs are advised to make any work permit applications for former Working Holiday Makers (WHMs) only when the player has gone overseas, as any application for further leave to remain to switch from WHM to work permit-holder will be refused. The work permit applications will be considered against the criteria for first applications initially. If the player does not satisfy this, caseworkers will then assess the application against the extension criteria.

Change of employment

If a player is transferred from one team to another during a season, the new club must make an application to the UK Border Agency. The new player cannot play until the relevant approval has been granted. The United Kingdom club have to demonstrate that he played at least 75% of his previous United Kingdom team's competitive games where he was available for selection.

The definition of the term 'available' is when the selection of the team was undertaken the player was present in the United Kingdom and was not injured or suspended.

Replacement of players

Where a club wishes to replace a player, for example, due to injury, they should apply for a work permit for the new player. If the injured player is still able to play they may do so whilst the replacement permit is being considered.

Injuries

Injuries will be excluded from the assessment if the club can provide medical evidence stipulating the period of the injury and the number of games the player missed. The employer will be required to provide evidence that the player was playing regularly prior to and after the injury.

Length of issue

Permits will be issued for the length of contract, up to a maximum of five years.

Students

Students from non-European Economic Area (EEA) countries require a work permit if they wish to play for a professional or semi-professional club. This regulation may not apply strictly to amateur clubs, providing the player has not played professional or semi-professional basketball overseas.

Criteria for coaches

Work permits will be issued for clubs participating in the British Basketball League (BBL) Championship, England Basketball League (EBL) leagues, and so on.

Work permits will be issued for the post of head coach only.

• Coaches should hold the English Basketball Association (EBBA) Level 3 Coaching Award or its equivalent. If a club applies to employ a coach who does not hold the EBBA Level 3 Coaching Award or its equivalent but satisfies all other aspects of the criteria, a work permit may be issued on condition that once they enter the United Kingdom they will normally achieve the EBBA Level 3 Coaching Award within the first playing season.
• Clubs should provide evidence of the coaches' previous coaching experience. Evidence to show a recruitment search has been undertaken should be provided. This should include a copy of an advertisement and details of responses - see the general guidance notes for employers for more information.
• Where clubs are applying for renewal of a work permit, the coach must have achieved an EBBA Level 3 Coaching Award. Clubs do not need to supply details of a recruitment search for coaches returning to the United Kingdom.

Criteria for player/coach

Players who are required to carry out some coaching duties should hold EBBA Level 2 Coaching Award before undertaking any coaching duties for a club. If the player does not hold this qualification a work permit may be issued for the person to play only, on condition that they gain the award after entering the United Kingdom. Once the individual has attained the award they will be able to undertake coaching duties. The EBBA will provide the UK Border Agency with confirmation of all the individuals who successfully complete the course.

• When issuing to an unqualified player/coach (see above) initially as a player only, the employer should be sent a letter from the UK Border Agency explaining the conditions of issue.
• Work permits will not be issued for individuals solely to complete a coaching qualification.

Length of Issue

Permits will be issued for the length of the contract, up to a maximum of five years.

Salary for players and coaches

The salary is usually agreed as part of the contract between the individual player or coach and the employer. This and the other conditions of employment should be at least equal to those normally given to a 'resident worker' for this work. Where the salary quoted appears to be lower than expected we will seek information and advice from the sports' governing bodies and players' representatives.

Further information

This criteria should be used in conjunction with the sports and entertainments guidance for employers when making a work permit application.

The general criteria for work permit applications under the Sports and Entertainment criteria are available in the booklet 'Applying for a Sports and Entertainment Work Permit - Guidance for Employers'. This can be downloaded from the right side of this page or are available in paper form from the distribution centre on 0117 3441471 between 0900 and 1700 Monday to Friday.

For more information please contact us at:

UK Border Agency
Sports and Entertainments Team
PO Box 3468
Sheffield
S3 8WA
Phone: 0114 274 3303
Fax: 0114 274 3003
Email: ents.workpermits@ind.homeoffice.gsi.gov.uk

Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Irish Republic, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom. Iceland, Liechtenstein and Norway are not members of the European Union (EU) but citizens of these countries have the same rights to enter, live in and work in the United Kingdom as EU citizens.A person who is a national of the European Economic Area (EEA) or is legally settled in the United Kingdom with permission to work here. In some cases, an employer who wishes to employ a person who is not a permanent resident must show that no resident worker could be found to take the job.