The core elements of both routes remain – with the main essential criteria continuing to be an endorsement from the UK governing body of the relevant sport and sponsorship by an A-rated sponsor.
In consolidating the routes, the differences between them in terms of eligibility criteria and conditions have largely been removed, with the new route more closely mirroring the current T2 Sportsperon rules. The most significant changes will therefore be felt by those who have previously used the T5 route.
Raising of eligibility requirements for short-term visa holders
Under the current rules T5 sportsperson applicants must have an endorsement that confirms that they are EITHER
- Internationally established at the highest level; or
- Will make a significant contribution to the growth of the relevant sport at the highest level in the United Kingdom.
Under the amended rules, an endorsing body must confirm that an applicant meets BOTH criteria. This is already the requirement for T2 applicants.
Removal of 3-month entry concession for non-visa nationals
Currently non-visa nationals who are coming for 3 months or less under the T5 route are able to apply for leave to enter the UK at border.
This has meant that sportspeople and their technical/coaching staff have been able to travel to the UK at short notice for brief visits.
Under the new sportsperson route, applicants must be granted a visa before arrival in the UK.
However, the new rules do allow individuals who are in the UK as a visitor undertaking permitted sporting activity to switch into the new visa route. In most cases the government expects this to meet the need that was previously served by the 3-month concession.
Route to settlement
Currently T5 Sporting Worker visa holders are not eligible to apply for settlement, and time spent on this route cannot count towards the time requirement for settlement, even if a visa holder is subsequently granted a T2 Sportsperson visa.
Under the changed rules, any time spent under the new combined route can count towards settlement. This can include time spent under the previous T2 and T5 Sporting visa categories.
However, to be eligible to apply for settlement under the new route, applicants must have been granted leave at some point in the last 5 years under the International Sportsperson route for a period of more than 12 months.
English Language requirement
There is one significant carryover of the distinction between the routes – the requirement to demonstrate English Language ability.
Under the current Temporary route for Sporting Workers, applicants have no need to demonstrate a level of English Language ability, whereas applicants for the T2 Sportsperson visa must do so.
Under the new single route the distinction is preserved, but will be based on how long applicants want to stay in the UK. Applicants who are requesting 12 months’ leave or less will not have to prove English Language ability. Anyone applying for more than 12 months must do so.
How Gherson can assist
Gherson has extensive experience in all aspects of UK immigration law. If you have any queries relating to the blogs published, or are interested in talking to us about your specific circumstances, please do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2021