Rugby union

Background

This page explains the work permit criteria for rugby union for the 2008/2009 season. These criteria were agreed following consultation with the governing bodies. 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 normal season for this sport is from September to May.

Criteria

Players

Work permits will only be issued for players to play for teams in one of the following leagues:

• England: Premier League and National League One
• Scotland: Celtic League and Premiership Division One
• Wales: Celtic League and Premiership
• Ireland: Celtic League

Initial applications

Players from countries that are within the first or second tier of the national rugby unions of the International Rugby Board (IRB) will be eligible.

Tier 1 countries

• Argentina;
• Australia;
• New Zealand;
• South Africa.

Tier 2 countries

• Canada;
• Fiji;
• Japan;
• Romania;
• Samoa;
• Tonga;
• the United States of America.

Please note: only the tier 1 and 2 countries that need work permits are mentioned above.

They must have started at least one full international match (15-a-side), during the 15 months immediately prior to the date of the work permit application.

Players from other countries must have started in an international match in the last 15 months and have played in a minimum of 10 full internationals (15-a-side) during their playing career.

Consultation with the governing bodies

Where an application for a player to play in a team in one of the leagues covered by the criteria has been refused on the grounds that the player fails to meet the published criteria, the club may seek a review of the application. The club will have 28 days to request such a review. The sports and entertainments team, UK Border Agency, will initially consult with the club's rugby union governing body. If they support the application then the other union governing bodies of England, Ireland, Scotland and Wales will be consulted to seek their views.

The governing bodies will be asked to 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 United Kingdom, and if so, to make a recommendation to the sports and entertainments team on whether a work permit should be granted. The sports and entertainments team will only consider granting a permit where a majority of the governing bodies make a positive recommendation. The sports and entertainments team will make the final decision, which will then be relayed to the club.

Extensions and changes of employment

As most international unions do not consider players who are not playing in their home country, applications for extensions or changes of employment the player should either:

• continue to meet the criteria as for initial applications, OR
• the player must have played in at least 75% of competitive games for his club for the period of the previous permission.

Games that were played when the player was on international duty and when they were unavailable for selection through injury (supported by medical evidence) will be excluded from the assessment.

One extension or change of employment can be made based on the criteria of a player having played in 75% of competitive games. Any subsequent applications will require consultation with the governing bodies, in addition to the 75% requirement, before approval can be given.

Competitive games are defined as those played in the Guinness Premiership, Heineken Cup, European Challenge Cup EDF Energy National Trophy, National Division One, Magners Celtic League (and any associated Cup), Scottish Premiership Division One and the Welsh Premiership. Reserve or 'A' matches do not qualify even if part of a formal competition.

For changes of employment, the new club must submit a new work permit application for the player.

Injuries

Exclusions from selection due to injury will be a factor that is taken into account when applying the criteria. Clubs should submit supporting medical evidence in such cases stipulating the number of games the player has missed.

Coaches and directors

If a club wishes to employ a non-European Economic Area (EEA) national as a Director of Rugby, Head Coach, Assistant Coach, or Skills Coach, in order to qualify they must have been:

• Contracted in a coaching role to the 15 a-side full international senior XV for a country that is currently ranked in the top 12 international teams based in the official IRB rankings;
• Contracted in a coaching role to this 15 a-side full international senior XV for a minimum period of 12 months, and
• Contracted in a coaching role to this 15 a-side full international senior XV within the last 4 years, or prove current coaching competence/experience during the intervening period.

It should be noted that we do not issue work permits for player/coaches. We will only consider applications as a player or as a coach.

Advertising

Posts must be advertised in appropriate media that provides the best way of reaching suitably qualified resident workers allowing four weeks from the date the advertisement appears to receive applications. The advertisement should be placed within the six months before the application for a work permit. See the Guidance notes for employers for further information.

Consultation with the governing bodies

Where an application for a coach or director to coach in a team in one of the leagues covered by the criteria has been refused on the grounds that they fail to meet the published criteria, the club may seek a review of the application. The club will have 28 days to request such a review. The sports and entertainments team, UK Border Agency, will initially consult with the club's rugby union governing body. If they support the application then the other union governing bodies of England, Ireland, Scotland and Wales will be consulted to seek their views.

The governing bodies will be asked to consider whether the coach or director is of the highest calibre, and able to contribute significantly to the development of the game at the top level in United Kingdom, and if so, to make a recommendation to the sports and entertainments team on whether a work permit should be granted. The sports and entertainments team will only consider granting a permit where a majority of the governing bodies make a positive recommendation. The sports and entertainments team will make the final decision, which will then be relayed to the club.

Length of issue

Permits are normally approved for the length of the contract, up to a maximum of five years.

Salary

The salary is usually agreed as part of the contract between the individual 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 guidance can be downloaded from the right side of this page or are available in paper form from the distribution centre on 0117 344 1471 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 207 5910
Fax: 0114 207 5875
Email: ents.workpermits@ind.homeoffice.gsi.gov.uk

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.