UK Law and Practice Contributed by: Alistair McHenry, Sofia Antipatis and Rebecca Dods, Tyr
International Sportsperson Visa Post-Brexit, the UK’s immigration framework operates alongside the eligibility rules set by individual NGBs, rather than replacing or restricting these rules. The International Sportsperson Visa (introduced in 2021) requires overseas athletes to meet criteria jointly defined by the Home Office and the relevant NGB through the Governing Body Endorsement process. This route is not a nationality-based quota system. Instead, it ensures that only athletes who can dem - onstrate elite performance and satisfy sport-specific standards are able to enter and compete in the UK. EU nationals who hold pre-settled or settled status remain exempt from visa requirements. Practically, applicants must obtain: • NGB endorsement; • sponsorship from a UK club; • evidence of operating at the highest professional level; and • in some cases, English-language compliance. Failure to meet these criteria may prevent entry or competition. Overall, while NGBs and competitions may regulate foreign-player participation, they must do so within the boundaries of competition law. Immigration rules now form a central part of the eligibility landscape, but their effect is to set quality standards rather than impose blanket nationality-based limits. 8. Women’s Sport 8.1 Development and Growth of Women’s Sport Women’s sport in the UK has experienced rapid expansion, evolving from limited visibility to a mature, commercially supported ecosystem. Increased invest - ment, strengthened pathways and cultural momen - tum have pushed women’s competitions and athletes firmly into the mainstream.
brought into the scope of unfair dismissal as a result of the reforms, so this is an area to monitor from 2027 onwards. Noteworthy Disputes Recent cases illustrate how employment and equality law interact with sporting structures: • Jess Varnish v British Cycling and UK Sport – a tribunal held that the claimant was neither an employee nor a worker, emphasising the distinction between high-performance funding arrangements and contractual employment. • HMRC v PGMOL – the Supreme Court ruled that individual, match-by-match contracts for part-time referees can constitute employment, as opposed to self-employment. • Haynes v The English Blackball Pool Federation – The High Court considered the application of the Equality Act to gender eligibility rules in com - petition, demonstrating the broader scrutiny that sporting regulations may face where discrimination issues arise. These decisions highlight the need for sports organi - sations to carefully assess the status of athletes and ensure that regulatory rules operate consistently with NGBs and competitions may restrict foreign athlete participation, but such rules must comply with com - petition law and operate alongside the post-Brexit immigration framework. Any restrictions affecting access to employment must be objectively justified and proportionate. Competition Act 1998 Under the Competition Act 1998, rules that limit an athlete’s ability to work may be unlawful if they cre - ate an anti-competitive agreement or involve an NGB abusing a dominant position. As most NGBs act as sole regulators in their sport, any caps or quotas on foreign athletes must pursue a legitimate objec - tive (such as competitive balance or domestic player development) and must not go further than necessary. employment and equality legislation. 7.3 Free Movement of Athletes
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