For many sports clubs in the UK, having a Tier 2 or Tier 5 Sponsor Licence is essential to bring in talented overseas players. However, it’s important for clubs to understand the visa rules to avoid penalties or fines. A misunderstanding about the type of visa a player needs can cause significant issues, as seen in a case with Frinton-on-Sea Cricket Club, where an Australian player was found to be using the wrong visa.
In this article, we’ll explain how sports clubs can secure a Sponsor Licence and stay compliant with UK Visas and Immigration (UKVI) rules.
Why Do Sports Clubs Need a Sponsor Licence?
A Tier 2 or Tier 5 Sponsor Licence allows sports clubs in the UK to hire talented overseas athletes, coaches, and staff legally. Without this license, you risk facing fines or even having your license revoked.
The Home Office is very strict about visa requirements. If a player or coach is found to be using the wrong visa, such as an incorrect Tier 5 visa, the club could be penalized. It’s crucial for clubs to fully understand which visas are appropriate for their overseas players. For example, amateur players could be considered “professional” if they meet certain criteria, even if they haven’t been paid. The Home Office clarified this in 2017 to avoid confusion about amateur vs. professional status.
What Happens If You Get the Visa Wrong?
In 2017, Frinton-on-Sea Cricket Club had to go to court because one of their overseas players was found to have the wrong visa. The player, an Australian named Blake Reed, was on a Tier 5 Youth Mobility Visa, which was not appropriate for his professional status.
This situation shows the importance of getting the right visa. If you don’t, the person responsible at the club could face a hefty fine. To avoid this, it’s best to apply for the correct visa, such as the Tier 2 Creative & Sporting Visa, which is ideal for professional sportspeople.
How Much Does a Sponsor Licence Cost?
You can use a Sponsor Licence cost calculator to estimate how much it will cost your sports club to apply for or renew your license. The costs will vary depending on the size of your club and the number of overseas athletes you wish to sponsor.
How to Stay Compliant with UKVI Rules
Once your club has a Sponsor Licence, it’s vital to stay compliant with UKVI rules to avoid penalties. UKVI will conduct regular audits to make sure that your club is following the rules. You might be warned about an audit in advance, but it’s also possible that you will be audited without warning, so it’s essential to always be prepared.
If your club doesn’t follow the rules, you could be downgraded to a B-rating or have your licence suspended or revoked. You may also face penalties if your club is found guilty of providing false information, failing to meet your obligations, or if you stop trading. To avoid these issues, make sure you understand and follow all your duties.
Key Responsibilities to Keep Your Licence in Good Standing
To maintain your Tier 2 or Tier 5 Sponsor Licence, here are some essential duties to follow:
- Ensure your application is accurate: Make sure all the details in your application are correct and keep evidence to support your claims.
- Nominate the right staff: Designate staff to manage your Sponsor Management System (SMS). The roles include:
- Authorising Officer: Responsible for the actions of your staff.
- Key Contact: Main point of contact with UKVI.
- Level 1 User: Handles the day-to-day management of the license.
- Keep up-to-date records: Maintain accurate records of all overseas workers, including their addresses and immigration status.
- Update your SMS regularly: Ensure that your SMS is up-to-date with the latest information.
- Report illegal working: Immediately report any illegal working activities to UKVI.
- Ensure your workers know their obligations: Make sure that your sponsored players and coaches understand their own visa requirements.
- Keep records of professional registrations: Ensure that you have copies of any professional accreditations or certifications your players may need.
Why You Should Hire an Immigration Lawyer
Managing a Sponsor Licence can be complicated, but with the right advice, you can easily comply with all UKVI rules. Law and Visas can help your club navigate the process, ensuring your license is applied for correctly and that you remain compliant throughout the year.
We can help you by:
- Updating your SMS and ensuring all information is correct.
- Review your processes to meet UKVI standards.
- Conducting mock audits to identify any gaps in your compliance.
Holding a Sponsor Licence can benefit your sports club significantly, allowing you to bring in overseas talent. But it’s essential to understand the requirements and stay compliant with UK immigration rules to avoid penalties. For fast and efficient processing of your application or to ensure your club remains compliant, contact Law and Visas for expert advice and support.
