Further memorandum from Department for
Education and Employment (WP 27)
Thank you for your letter of 20 October regarding
the Employment Sub-committee's inquiry into work permits for overseas
footballers.
You asked whether it would be possible for the
Department to supply the Sub-committee with information of criteria
applied in other EEA countries. I note that you do not appear
to have had a great deal of success in obtaining details from
approaches you have made to the world governing body of football
or the various national associations.
I hope the attached information will be of some
use to you. This has been obtained by officials in the Overseas
Labour Service (OLS) following approaches they have made to the
relevant Embassy contacts. Officials there were, of course, largely
dependent themselves on trying to obtain the appropriate advice
from their own records or via the relevant sports bodies in each
country. As a result of these enquiries you will note that not
all the EEA countries are covered. However, you'll see that a
number that are do include some of those whose own football association
failed to supply satisfactory response when you approached them
yourself.
The OLS wish me to point out that they understand
the information supplied here to be factual and relevant to the
countries shown as of 1 April 1999. It is, of course, possible
that some EEA countries may have subsequently amended their arrangements
or have plans to do so for the future.
I hope this further information is helpful.
If you have any queries please let me know.
Department for Education and Employment
CRITERIA FOR
PROFESSIONAL FOOTBALLERS:
OTHER EEA COUNTRIES
Germany
The German Football Association have to recognise
the standard of the player. It is understood that a general assumption
is made by them that their senior professional clubs would not
seek to employ a player unless they were convinced of his abilities
and would be paying him a salary sufficient to maintain a living
in the country.
Although no work permit is required by the player/club
a residence permit for the length of the contract must be obtained.
German law does not allow loan deals to be authorised within the
sport but a non-EEA player is allowed to transfer between German
clubs.
Holland
A player must have been active at a level of
at least the same standard as he is seeking to play in Holland,
or, competed internationally in the World Cup. Salary levels offered
to players must amount to an agreed minimum level before permission
will be granted to compete in Holland (lower salary levels are
agreed for players aged 18-20).
Applications for work permits must be made by
clubs before the commencement of football competitions in Holland.
However, exceptional circumstances presented by a club after this
time will be considered. Permits are not issued in respect of
players under the age of 18.
Belgium
A player must be over 18 years of age to obtain
a work permit. The player must receive a salary above the country's
minimum wage level. It is understood that higher salary levels
are to be introduced later this year. The club must ensure that
other legal requirements eg social security and health insurance
are also paid. Loan agreements are not permitted within the sport.
An individual who has resided in Belgium for a minimum of five
years can apply for Belgian nationality (this period can be lowered
by the relevant authority in exceptional circumstances).
Italy
A club seeking to employ a non-EEA player must
apply for a "national sports visa" and a "permit
of stay". The club's formal application will be considered
by the appropriate sports federation and the local police authority.
All clubs seeking to employ non-EEA players must be affiliated
to the Italian Olympic Committee.
Once a sports visa is obtained from the Italian
consulate in the player's own country he has up to 8 days, after
arriving in Italy, to apply for a permit of stay (with provision
for multiple re-entry). The employing club may be asked to provide
a copy of the footballer's contract at this stage.
Sweden
The Swedish Football Federation set no demands
on the past records of non-EEA players seeking to play in the
country. Their main concern is that non-EEA players should be
an asset to the development of the game in Sweden. The Federation
are normally content for clubs to exercise their own expertise
and judgement in determining this. Non-EEA players are allowed
to compete only in the top three professional leagues in Sweden
where their salary is above an agreed monthly level. A maximum
of three non-EEA players are allowed to take part in a game.
Work permits are granted for a maximum period
of one year (or the length of contract if this is for a shorter
period). Extensions to permits (of up to one year at a time) can
be granted provided the player has not applied for residency in
Sweden. Only in exceptional circumstances can a permit be granted
for a period of more than four years in total.
Work permit applications are made by the non-EEA
national himself at a Swedish embassy/consulate in their own country.
Normally the person will also be required to apply for a residence
permit at the same time. A decision on the work permit application
is made by the Swedish Immigration Board in consultation with
the Swedish Sports Federation. There is no appeals process for
work permit applications.
Norway
The non-EEA national must be active in sport
at a high level having played at an equivalent level abroad in
recent years. "High level" is deemed as competing in
the top two divisions in Norway. Pay and working conditions must
be at least comparable to those provided by existing collective
agreement (or what is otherwise regarded as normal for the type
of occupation).
The player himself applies for the work permit.
The Norwegian Sports Federation are normally consulted on applications.
Initial approval is usually granted for a period of one year but
this can be extended for a total period not exceeding four years.
Spain
The Spanish Labour Ministry are responsible
for considering all work permit applications. It is normal practice
for officials to issue permits to those who apply. However, the
Spanish Football Federation imposes restrictions on the number
of non-EEA players each club can have. Clubs in the First and
Second Divisions can employ no more than six such players and
can have no more than four playing in the first team at any time.
Teams competing in lower leagues are not permitted to have any
non-EEA players under contract.
Department for Education and Employment
November 1999
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