England Netball Governing Body Endorsement Requirements

Transcription

1 This guidance is to be used for all Tier 2 (Sportsperson) and Tier 5 (Temporary Worker) Creative and Sporting governing body endorsement requests made on or after the 9 July 2018 until 20 May Section 1: Overview of governing body endorsements for Tier 2 (Sportsperson) and Tier 5 (Temporary Worker) Creative and Sporting categories of the Points Based System This page provides a brief explanation of what endorsement requirements a sports governing body has agreed for UK sponsors of Tier 2 (Sportsperson) and/or Tier 5 (Temporary Worker) - Creative and Sporting categories of the Points Based System must show. The Tier 2 (Sportsperson) category is for elite sportspeople and coaches who are internationally established at the highest level and whose employment will make a significant contribution to the development of their sport at the highest level in the UK, and who will base themselves in the UK. The Tier 5 (Temporary Worker) - Creative and Sporting category is for sportspeople (and their entourage where appropriate) and coaches who are internationally established at the highest level in their sport, and/or will make a significant contribution to the development of their sport in the UK. A sports governing body is one recognised by one of the home country sports councils (for example Sport England). Every governing body must be approved by the Home Office before they are included in Appendix M of the Immigration Rules. The application process explained: Migrants applying to come to the UK under either of the sporting categories above need to be sponsored by an organisation that has a sponsor licence under Tier 2 (Sportsperson) or Tier 5 (Temporary Worker) - Creative and Sporting. If you wish to sponsor such migrants, you must have a sponsor licence. Before you apply to the Home Office for a licence you must be endorsed by the governing body for your sport. This endorsement confirms to the Home Office that the application for a licence is from a genuine sports club (or equivalent) that has a legitimate requirement to bring migrants to the UK as sportspeople. Once licensed, you can assign certificates of sponsorship to a sportsperson or coach with a job offer that allows them to apply for leave to enter or remain in the UK. Each individual must also have a personal endorsement from the governing body for their sport before you assign the certificate of sponsorship. The list of governing bodies and the tiers for which they are currently approved by the Home Office is in Appendix M of the Immigration Rules. 1

2 Approved governing bodies will work within the Home Office code of practice for sports governing bodies and must comply with any immigration regulations, UK legislation and the principles of the Points Based System as detailed on the GOV.UK website. Length of endorsement Governing body endorsements should be issued for a period appropriate to the period of approval for sponsorship or the tier under which the migrant s application is being made, that is: Type Tier Length of endorsement Sponsor Tier 2 (Sportsperson) and/or Tier 5 (Creative and Sporting) 4 years from date of issue Migrant Tier 2 (Sportsperson) For an initial maximum period of 3 years, with a further extension of a maximum period of 3 years. If the contract is for fewer than 3 years, it will be issued for the length of the contract. Tier 5 (Creative and Sporting) For the length of the contract or up to a maximum of twelve months, whichever is the shorter period. Change of employment If a migrant is intending to change employer, their new employer must request a new governing body endorsement. The endorsement can be issued for the length of the contract or to the maximum period permitted within the category, whichever is the shorter. The new employer must assign a new certificate of sponsorship to the migrant to allow them to apply to the Home Office for new leave to remain. Leave to remain must be granted before the migrant can start work with the new employer. Salary The salary should be agreed as part of the contract between the migrant and the sponsor. This and the other conditions of employment should be at least equal to those normally given to a resident worker for the type of work undertaken. 2

3 Supplementary Employment Tier 2 & Tier 5 migrants are eligible to undertake Supplementary Employment under the Home Office Supplementary Employment Regulations (please refer to the Tier 2 & 5 Guidance for Sponsors Supplementary Employment). 3

4 Section 2: Requirements This page explains England Netball requirements under the Tier 2 (Sportsperson) and Tier 5 (Temporary Worker) Creative and Sporting categories for the 2018 to 2019 season. These requirements are effective from 9 July 2018 until 20 May Consultation The following requirements have been agreed by the Home Office following consultation between England Netball and the national governing bodies (NGBs) of Northern Ireland, Scotland and Wales. Review The requirements will be reviewed annually prior to the start of the Superleague season. Length of season The season for netball runs from 9 July 2018 to 19 May Requirements The table below shows the endorsement requirements for sponsors and migrants. Category Sponsor Tier 2 (Sportsperson) and/or Tier 5 (Temporary Worker) Creative and Sporting Requirement Only England Netball and Franchises competing in the Superleague are eligible for a sponsor endorsement. Migrant Tier 2 (Sportsperson) and/or Tier 5 (Temporary Worker) Creative and Sporting Player 1. A player must have played in at least one competitive game for one of the current top 12 international teams in the world during the two years preceding the date of the application of endorsement. Competitive games comprise games played in: Commonwealth Games World Championships Games within any qualifying tournament for the above, and 4

5 Fast 5 World Ranking Points matches The top 12 international teams are shown in the International Netball Federation (INF) World Rankings and can be accessed at the INF website, or 2. A player must have been a member of an SSN/ANZ franchise squad (in Australia part of the 10 person roster & named training partners and in New Zealand part of the 12 person roster & named training partners) during the 2015, 2016 or 2017 season. It agrees to do this on the basis that the standard of SSN & ANZ netball is, in a number of cases, higher than that played by some countries in the world top 12; or 3. An endorsement can be awarded to a returning player who played 75% of games (unless unavailable due to injury, maternity or other legitimate medical reasons considered acceptable by England Netball) in the England Netball Superleague during the 2017/2018 season whilst in the UK on either a Tier 2 (Sportsperson) or Tier 5 (Creative and Sporting) visa only. Coach A Coach is required to have proven experience of coaching as a Head or Assistant Coach for one full season. This means having coached a team from the below within the last 5 years: top 12 of the INF World Rankings during their tenure; SSN/ANZ netball league; Australian Netball League (ANL); or New Zealand Netball League (Beko) A coach is also required to have gained a UKCC Level 2 qualification level or above or an equivalent qualification, which also includes awareness of Health & Safety, a First Aid 5

6 qualification, an awareness of child welfare issues and a relevant police check from their country of origin. Attendance at a Safeguarding and Protecting Children course is required to practice once in the UK. For further details of coach awards please see the England Netball website at Player/Coach Evidence to show a recruitment search has been undertaken should be provided. This should include a copy of an advertisement and the names of all applicants (an advert must be live for a minimum of two weeks on the England Netball, UK Sport and INF websites) - see the full policy guidance on sponsoring a worker for more information. A player coach must meet the playing criteria (as above) and is required to have gained a UKCC Level 2 qualification or above or an equivalent qualification which also includes Health & Safety, First Aid qualifications, an awareness of child welfare issues and a relevant police check from their country of origin. Attendance at a Safeguarding and Protecting Children course is required to practice once in the UK. Further information This information is available on the England Netball website at: For any queries relating to the requirements or the endorsement process please contact: Jamie Forward HR Business Partner SportPark (England Netball) 3 Oakwood Drive 6

7 Loughborough LE11 3QF Telephone: Information on visas and immigration is available on the GOV.UK website. 7

8 Dispute handling procedures Any appeals against decisions will be referred to the CEO of the NGB Any appeal by a Franchise Organisation against the decision of England Netball not to provide a Governing Body Endorsement for either an individual migrant or for a sponsor license will be dealt with by the independent dispute resolution service for sport: Sport Resolutions. If a Franchise Organisation wishes to instigate an appeal pursuant to this Procedure, the Franchise Organisation must submit to the Chief Executive of England Netball a written request for an appeal ( the Appeal ) containing the following details: (a) the name and address of the Franchise Organisation (and of the nominated body representative); and (b) a brief statement stating the grounds that the Franchise Organisation wish to use to appeal the England Netball decision The applicable grounds for appeal are limited to a strong arguable case that either:- i. relevant information was ignored or not considered by England Netball ; or ii. the endorsement application process was tainted by unreasonable bias or conflict of interests; or iii. the provisions of the England Netball Governing Body Endorsement procedure were not adhered to; or iv. England Netball exceeded its jurisdiction; or the findings of England Netball were irrational or otherwise exhibited an error of general law This request for appeal must be submitted within fourteen (14) days of the notification of the original England Netball decision not to provide a Governing Body Endorsement and include the relevant Appeal Fee ( 125, cheque made payable to Sport Resolutions). England Netball will acknowledge the Appeal in writing with the request that full written evidence in support of the Appeal must be submitted to Sport Resolutions within 10 days for the Appeal to proceed. The Appeal will be undertaken by a sole arbitrator, based on written submissions only, and will be final and binding on England Netball and the club who sought the Appeal. Save as provided in this clause the process to be followed is as contained in the Sport Resolutions arbitration rule. 8

9 Section 3: Process for applying for an endorsement How to apply for governing body endorsements for Tier 2 (Sportsperson) and Tier 5 (Temporary Worker) Creative and Sporting sponsor applications Organisations eligible for Tier 2 (Sportsperson) sponsor licence governing body endorsement should use the Application Form in Annex A. Organisations eligible for Tier 5 (Temporary Worker) Creative and Sporting sponsor licence governing body endorsement should use the Application Form in Annex B. All potential sponsors should note that the purpose of an endorsement for a prospective sponsor is to confirm to the Home Office officials processing sponsor applications that the application is from a bona fide sports club or equivalent that has a legitimate requirement to bring migrants to the UK as sportspeople. The Home Office has additional criteria for sponsors that must be met in order for an organisation to be granted a sponsor license. It is not England Netball who will grant a sponsor license. How to apply for governing body endorsements for Tier 2 (Sportsperson) and Tier 5 (Temporary Worker) Creative and Sporting migrant applications Once an organisation has obtained its sponsor licence from the Home Office, the sponsor will be able to apply for Certificates of Sponsorship, which it will allocate to migrants coming here to work for it. Each migrant that an organisation wishes to employ needs to be assigned a Certificate of Sponsorship. However, before an organisation can assign a Certificate of Sponsorship to a sportsperson, they will also have to obtain an endorsement from England Netball for all applications made for individual sportspeople and coaches. Administration Fee An administration fee of 60 is payable for each governing body endorsement for migrant applications. An invoice will be sent to the sponsor by England Netball and must be paid within 30 days upon receipt. Tier 2 Organisations should use Annex C: Tier 2 Migrant Governing Body Endorsement Application Form (Player) or Annex D: Tier 2 Migrant Governing Body Endorsement Application Form (Coach) Tier 5 Organisations should use Annex E: Tier 5 Migrant Governing Body Endorsement Application Form (Player) or Annex F: Tier 5 Migrant Governing Body Endorsement Application Form (Coach). 9

10 Annex A - Tier 2 Sponsor Licence Governing Body Endorsement Application This form should be used to apply to England Netball for a Governing Body Endorsement of an application for a Sponsor Licence under Tier 2 Sports subsection of the Home Office Points Based System for Managed Migration Please complete all sections of the form below unless otherwise indicated: Name of Tier 2 Organisation:.. Address:.... Contact Name and position: Telephone Number: Fax Number: Signature. Date of application. Supporting Evidence Required: None An administration fee of 60 is required (see page 7 for payment details) Please send this form to: Jamie.forward@englandnetball.co.uk The information on this form may be disclosed to the Home Office in the event that they investigate the England Netball processes and procedures 10

11 Annex B - Tier 5 Sponsor Licence Governing Body Endorsement Application This form should be used to apply to England Netball for a Governing Body Endorsement of an application for a Sponsor Licence under Tier 5 Sports subsection of the Home Office Points Based System for Managed Migration Please complete all sections of the form below unless otherwise indicated: Name of Tier 5 Organisation: Address:.... Contact Name and position: Telephone Number: Fax Number: Signature. Date of application. Supporting Evidence Required: None An administration fee of 60 is required (see page 7 for payment details) Please send this form to: Jamie.forward@englandnetball.co.uk The information on this form may be disclosed to the Home Office in the event that they investigate the England Netball processes and procedures 11

12 Annex C - Tier 2 Individual Migrant Governing Body Endorsement Application Form Player This form should be used to apply to England Netball for a Governing Body Endorsement of an application for a migrant under Tier 2 (Sportsperson) of the Home Office Points Based System. Please complete all sections of the form below unless otherwise indicated: Full Name of Player:.. Address:.. Name of Organisation: England Netball Sponsor Licence Number: Organisation Contact Name and position: Telephone Number: Fax Number: .. I confirm that: a) The player played in at least one competitive game for one of the current top 12 international teams in the world during the two years preceding the date of the application of endorsement. Please state nation b) The player has been a member of an SSN or ANZ franchise squad during the 2015, 2016 or 2017 season. Please state SSN or ANZ franchise squad c) The player is a returning player who played 75% of games when available in the England Netball Superleague during the 2017/2018 season whilst in the UK on either a Tier 2 (Sportsperson) or Tier 5 (Creative and Sporting) visa only Please state 2017/2018 visa status. 12

13 Contract for 2018/19 season: Start date.. End date An administration fee of 60 is required (see page 7 for payment details) Signature. Date of application.. Please send this form to: Jamie.forward@englandnetball.co.uk The information on this form may be disclosed to the Home Office in the event that they investigate the England Netball processes and procedures 13

14 Annex D -Tier 2 Individual Migrant Governing Body Endorsement Application Form Coach Only This form should be used to apply to England Netball for a Governing Body Endorsement of an application for a migrant under Tier 2 (Sportsperson) of the Home Office Points Based System. Please complete all sections of the form below unless otherwise indicated: Full Name of Coach:. Address: Name of Organisation: England Netball Sponsor Licence Number: Organisation Contact Name and Position: Telephone Number: Fax Number: .. Please provide evidence as stated below to meet the criteria, either: UKCC Level 2 (please provide evidence of date & details of course and copy of certificate) OR Non UK coaching qualification and written confirmation from England Netball that this qualification is of an equivalent or higher standard to England Netball UKCC Level 2 (please provide evidence of date & details of course and copy of certificate) AND Curriculum Vitae, outlining coaching roles held and relevant experience, to include appropriate references, at least one from a person within a recognised National Netball Organisation AND evidence that the job has been advertised on the EN, UK Sport and INF websites for a minimum of two weeks along with the names of all applicants Contract for 2018/19 season: Start date.. End date 14

15 An administration fee of 60 is required (see page 7 for payment details) Signature. Date of application. Please send this form to: Jamie.forward@englandnetball.co.uk The information on this form may be disclosed to the Home Office in the event that they investigate the England Netball processes and procedures 15

16 Annex E - Tier 5 Individual Migrant Governing Body Endorsement Application Form Player This form should be used to apply to England Netball for a Governing Body Endorsement of an application for a migrant under Tier 5 (Creative and Sporting) of the Home Office Points Based System. Please complete all sections of the form below unless otherwise indicated: Full Name of Player:. Address: Name of Organisation: England Netball Sponsor Licence Number: Organisation Contact Name and Position:. Telephone Number:. Fax Number: I confirm that: a) The player played in at least one competitive game for one of the current top 12 international teams in the world during the two years preceding the date of the application of endorsement. Please state nation b) The player has been a member of an SSN or ANZ franchise squad during the 2015, 2016 or 2017 season. Please state SSN or ANZ franchise squad. c) The player is a returning player who played 75% of games when available in the England Netball Superleague during the 2017/2018 season whilst in the UK on either a Tier 2 (Sportsperson) or Tier 5 (Creative and Sporting) visa only 16

17 Please state 2017/2018 visa status. Contract for 2018/19 season: Start date.. End date An administration fee of 60 is required (see page 7 for payment details) Signature. Date of application. Please send this form to: Jamie.forward@englandnetball.co.uk The information on this form may be disclosed to the Home Office in the event that they investigate the England Netball processes and procedures 17

18 Annex F - Tier 5 Individual Migrant Governing Body Endorsement Application Form Coach Only This form should be used to apply to England Netball for a Governing Body Endorsement of an application for a migrant under Tier 5 (Creative and Sporting) of the Home Office Points Based System. Please complete all sections of the form below unless otherwise indicated: Full Name of Coach:. Address: Name of Organisation: England Netball Sponsor Licence Number: Organisation Contact Name and Position: Telephone Number:. Fax Number:. Please provide evidence as stated below to meet the criteria, either: UKCC Level 2 (please provide evidence of date & details of course and copy of certificate) OR Non UK coaching qualification and written confirmation from England Netball that this qualification is of an equivalent or higher standard to England Netball UKCC Level 2 (please provide evidence of date & details of course and copy of certificate) AND Curriculum Vitae, outlining coaching roles held and relevant experience, to include appropriate references, at least one from a person within a recognised National Netball Organisation AND evidence that the job has been advertised on the EN, UK Sport and INF websites for a minimum of two weeks along with the names of all applicants An administration fee of 60 is required (see page 7 for payment details) Contract for 2018/19 season: Start date.. End date 18

19 Signature. Date of application.. Please send this form to: The information on this form may be disclosed to the Home Office in the event that they investigate the England Netball processes and procedures. 19