Brexits impact on transfers and how clubs obtain a work permit for players -

Since January 1, 2021, football clubs across Europe have had to get used to post-Brexit player trading regulations.

Already this summer, deals have fallen through because a potential signing has not secured the relevant number of governing body endorsement (GBE) points needed to obtain a work permit to play in the Premier League or EFL.

On September 6, Wolverhampton Wanderers’ move for Diego Costa was put on hold due to issues over his work permit. Costa’s initial application was rejected because he did not score enough points. Wolves are appealing against the decision. An appeal hearing will take place to determine whether or not the signing can proceed.

The summer transfer window has now shut but whether a player qualifies to receive a GBE will continue to be a key issue in negotiations.

The Athletic explains why…

What is GBE?

GBE is a points-based system in which players need to earn at least 15 points to be eligible to play for a Premier League or EFL team.

For players hoping to arrive in the UK from Europe, the post-Brexit regulations essentially mean they must go through a similar process to signings coming from South America.

It also means Premier League and EFL clubs can no longer sign overseas players under the age of 18 (this would have meant Cesc Fabregas, who joined Arsenal as a 16-year-old in 2003, would have been prevented from moving from Barcelona), and those who are 18 and above have to earn a set number of points to qualify for a work permit.

The applications are submitted by the clubs and are either rejected or approved by the FA.

How is a player’s eligibility assessed?

A player’s eligibility is assessed by a range of factors, including:

League quality of their last club
International appearances
Domestic minutes played
Final league position of their last club
Continental minutes played
Continental progression of their last club

International appearances are the only way potential signings can be granted an automatic pass.

In terms of domestic minutes, players will score higher if they play in a better league.

There are five bands set out by the GBE:

Band One: English Premier League, Bundesliga, La Liga, Serie A, Ligue 1

Band Two: Portuguese Primeira, Belgian First Division, Eredivisie, Turkish Super Lig, English Championship

Band Three: Scottish Premiership, Liga MX, Primera Division of Argentina, Russian Premier League, Campeonato Brasileiro Serie A

Band Four: Croatian First Football League, Swiss Super League, Bundesliga 2, La Liga 2, Austrian Football Bundesliga, Ligue 2, Czech First League, Ukrainian Premier League, Greek Superleague, Colombian Categoria Primera A, MLS

Band Five: Danish Superliga, Polish Ekstraklasa, Slovenian PrivaLiga, Chilean Primera Division, Serbian SuperLiga, Chinese Super League, Uruguayan Primera Division

Are there a set number of points needed to qualify?

Yes, the points system is broken down into three different categories: “ineligible”, “can appeal” and “eligible”.

If a player scores 15 points or more, they are eligible for a GBE and can therefore play in the Premier League and EFL.

Should they receive 10 to 14 points, the club will be able to appeal the decision so long as they can provide evidence that exceptional circumstances prevented the player from receiving 15 points.

However, if a player scores fewer than 10 points, then they will not receive a GBE and will not be able to appeal the decision.

This was the case with Justin Kluivert’s proposed transfer from Roma to Fulham, with the 23-year-old Netherlands midfielder refused a work permit. Despite appearing for Nice on loan last season, his lack of recent appearances for Roma meant he failed to meet the FA’s criteria and an appeal was not permitted.

What happens if an application is rejected?

If an application is rejected and the player achieves between 10 and 14 points and there is evidence that exceptional circumstances stopped them from receiving 15 points, then clubs can appeal to the FA’s exceptions panel.

This is the case with Wolves’ proposed signing of Costa.

In this scenario, the FA will appoint an independent panel of three members, which includes one legally qualified chair and two panel members who have relevant experience at the top level of football.

A fee of £5,000 plus VAT will be charged for every exception panel appeal and this must be paid by the club before the application is considered by the FA.

Even if the exceptions panel recommend that a GBE is given, the FA is not obliged to offer one.

Should a club apply for one player to obtain a GBE and it is initially rejected, then a second application will be granted if the circumstances have changed.

For example, if, at the beginning of August, the player had not played enough minutes but then by the end of the month they had, the club can apply to the FA again. But the situation must have changed in order for this to happen.

What about female players?

Female players are subject to the same application system as male players, although they require 24 points as opposed to 15 to be granted a GBE.

They are ranked in the following five categories:

International appearance
Domestic minutes played
Continental minutes played
Final league position of their last club
Quality of the selling club

The league quality is measured by two bands:

Band One: English Women’s Super League, Australian W-League, French Feminine Division 1, Italian Femminile Serie A, German Frauen Bundesliga, National Women’s Soccer League, Spanish Women’s Primera Division, Swedish Damallsvenskan, Norwegian Toppserien and Danish Elitedivisionen.

Band Two: All other leagues not in Band One.

If the player in question achieves 24 points or more, they will be granted a GBE. Should they receive between 20 and 23 points, then (similar to male players) evidence of exceptional circumstances preventing them from achieving 24 points must be submitted to the exceptions panel.

This costs £5,000 plus VAT.

Anything 19 points or below will be rejected and an appeal cannot be lodged.

When is the deadline for a work permit application?

There is and there isn’t one.

Technically speaking, clubs can make applications all year round, so today’s 11pm deadline will not hinder a team’s ability to complete a deal.

However, any application should be submitted to the FA by midday (at the latest) on the relevant transfer deadline day for it to be processed the same day.

But as per the guidelines, a club can sign and register a player even if they do not have the required points to qualify for a GBE.

If this were the case, however, the player would not be eligible to play until they are eligible and have successfully applied to the FA.

To get around this, some teams, in theory, can buy a player who does not qualify and then immediately loan him out overseas in order to get his points up.

By doing that, they can complete the signing they want and benefit later down the line.

(Top Photo: Diego Souto/Quality Sport Images/Getty Images)

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