Americans Abroad

Obtaining a work permit is part of the process for Americans seeking to play in England.

By Robert Wagman
SoccerTimes

(Tuesday, August 12, 2003) -- For the second time in a month, the ability of a young American to move to a team in England's Premier Division is dependent on whether the player will be granted a British "work permit." And, in what has become the routine, the permit will likely be granted on appeal after the initial application is rejected.

A month ago, goalkeeper Tim Howard's move from Major League Soccer's MetroStars to Manchester United was finalized when a work permit was issued on appeal. Now, D.C. United midfielder Bobby Convey is awaiting word if his permit application will be approved so he can join Tottenham Hotspur.

The process of gaining the necessary document is not that complicated, but is little understood on this side of the Atlantic.

Under British law, the Immigration Act 1971 amended many times since, "resident workers" can be employed by British companies in Britain, or by foreign companies licensed to do business in Britain. Since the establishment of the European Economic Community (also know as the European Union and the European Economic Area), and Great Britain's joining of the Union, a resident worker has become defined as not only a citizen of the UK, but a citizen of any EU country.

More recently, because of court rulings, the term has become even more elastic to include citizens of Eastern European countries who will be joining the EU next year and if another court decision is upheld, citizens of some 70 Third World countries, including a number in the Caribbean, who have been granted special trade status with the EU by treaty.

The work permit arrangement allows employers based in the United Kingdom to employ people who are not nationals of a European Economic Area (EEA) country and thus are not statutorily entitled to work in the UK. The theory is that resident workers should not be denied job opportunities by a foreigner taking the job. It is not all that different than U.S. employment laws as they relate to non-U.S. citizens.

The Home Office, which administers the program, says its aim "is to strike the right balance between enabling employers to recruit or transfer skilled people from abroad and protecting job opportunities for resident workers."

There are numerous job categories set up, including one, "sports and entertainer." For many jobs, a company has to make a case that no British national is available to fill the position. However, the Home Office has made a special deal with the governing bodies of various professional sports, including the Football Association for soccer.

"In some sports, we recognize that there are likely to be shortages of 'resident workers' who are skilled at the highest level. We have agreed with the governing bodies and players' representatives that work permit applications for these posts do not need to be supported by evidence of the availability of 'resident workers.' This information is made available to employers in the sport through the governing bodies and players' representatives."

Under the agreement between the FA and the Home Office, to get a work permit a non-resident soccer player has to show he is a player of "international distinction." To quantify this abstraction, the FA and the Home Office agreed on a formula to define international distinction. A player has to have played in two-thirds of his country's "official" - that is FIFA sanctioned - national team matches over the past two years and he has to be coming from a country that ranks in the top 70 of FIFA rankings. Official matches do not include friendly matches or exhibitions.

The process for a player to obtain a work permit is automatic in most cases. The company (team) intending on employing a player makes the application -- an individual cannot make it on his own -- and upon presentation of proof the player meets the two-thirds criteria, the work permit is issued.

Work permits are issued for specific numbers of years and can be renewed. They cannot be transferred if a player moves from one team to another. A new application has to be filed.

The problem comes when a player does not meet the "two-thirds" criteria. Howard did not meet it, nor does Convey. In such a case, the rejection of the initial application is automatic, but the employer has the right to appeal. That is what happened in the Howard case last month and will also happen to Convey's application.

The matter then goes to a six-person "Appeals Team," which operates under no set criteria or standards. It simply must determine via the evidence put before it that a player appealing is one of "international distinction." The panel also has the authority to issue a hardship waiver, which has previously been known to happen in the case of American applicant.

In Howard's case, for instance, much was made of the fact that he qualified for a Hungarian passport because his mother is Hungarian. He had applied and was waiting for a passport which would have erased his need for a work permit. Theoretically, the Appeals Team could take note the passport was in the process of being issued, but it simply ruled he was a player of "international distinction," and issued a permit.

In Convey's case, he will likely present evidence from United States Soccer Federation officials, including coach Bruce Arena, and probably from MLS, as well as from the FA and from Tottenham. Most believe that will be enough to support his claim of being a player of international distinction.

If anything, this process has become easier in recent years. Citizens of so many countries now no longer require permits that many Appeals Teams have all but given up rejecting any applicant with a good job waiting, if he can make even a minimal case for his talent.

Robert Wagman is a SoccerTimes senior correspondent and can be e-mailed at bobwagman@soccertimes.com.