Change of Status for Overseas players

Foreign and non-foreign player status

This is an important notice on the effect of Brexit for players with Foreign or Non-Foreign Player status due to the United Kingdom having now left the European Union.

The RFU has been working with the other English rugby stakeholders to determine how this change will affect Foreign Player and Non-Foreign Player status going forwards.

As a temporary position for the 2021-22 season (and the remainder of this season), it has been agreed that any players previously classified as Non-Foreign under the previous classifications (see Regulation 1) will remain the same. This applies to all players, including those yet to arrive in the country.

For seasons 2022-23 season onwards these classifications may change.

As such, the RFU is not able to give any assurances that players who are currently classified as Non-Foreign will be able to retain such status from the 2022-23 season onwards. Any updates to the Foreign Player classifications will be provided as soon as possible so that players, clubs and agents may plan accordingly.

Applying for EU Settled Status – Deadline approaching 30 June 2021

On Friday 31 December 2020, the freedom of movement between the UK and EU ended. However, EU citizens and their family members who were already living in the UK by that date can apply for a status under the EU Settlement Scheme before Wednesday 30 June 2021 that will allow them to continue living, working, studying and accessing services in the UK in a similar way as they do now.

Specialist immigration lawyers, Newfields, have provided the following general guidance for information purposes:

Eligibility

• Resident in the UK by no later than 11pm on 31 December 2020
• Evidence of EU/EEA or Swiss nationality or in the case of non-EU family members, relationship with an EU citizen
• Evidence of UK residence
• Suitability requirements

Applicants to the EU Settlement Scheme will be granted one of two statuses:

Settled status (indefinite leave to remain) – key points

• Granted to those who have at least 5 years’ continuous residence in the UK with no supervening event
• Permits the holder to remain in the UK indefinitely
• Permits access to live, work, study and access to services and public funds in much the same way as a UK national
• Status is retained provided any UK absence does not exceed 5 years

Pre-settled status (limited leave to remain) – key points

• Granted to those who have a continuous residence of less than 5 years at the time of application
• Pre-settled status is valid for 5 years from the date of being granted and a pre-settled status holder must then ‘upgrade’ to settled status before the 5 year expiry
• Pre-settled status holder must meet the requirements for and apply for settled status before the expiry of their pre-settled status
• Absences from the UK must be kept to no more than 6 months in any 12-month qualifying period to meet the requirements for settled status

EU family members should apply to the EU Settlement Scheme in their own right. All EU citizens who are eligible for a status under the scheme must apply by the relevant deadline. This includes children under 21 years old.

Non-EU family members should apply based on their relationship (or in some cases a previous relationship) with an EU citizen.

Please note that you may also be able to stay in the UK without the need to apply if, for example, you’re an Irish citizen or already have indefinite leave to remain in the UK.

Newfields have also produced a webinar to help explain the EU Settlement Scheme and how to apply, that can be viewed here.