Sports stars frustrated by UK work permit decisions
30 August 2005
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In the UK, the Liverpool football teams's failure to obtain a work permit for Chilean footballer Mark Gonzalez earlier this month again highlighted the unpredictable process of getting UK work permits for non-European players.
Gonzalez was born in South Africa and moved to Chile as a young boy. He had initially agreed a one year loan deal, which, if successful, would result in a £4.7m transfer to the European champions. His work permit application, however, was rejected due to Chile's position outside the top 70 FIFA world rankings: Chile are ranked 72.
At the appeal, manager Rafa Benitez and chief executive Rick Parry argued that the player was easily good enough to warrant a permit. But the appeal board disagreed and upheld the original decision.
The rules on whether a player is granted automatic entry are clear. He must have played in 75% of internationals for his country in the two years before the application, while the player's country must regularly make the top 70 world rankings.
Sounds black and white. The confusion arises when a club attempts to reverse a permit rejection by convincing an appeal board of the player's ability to make a significant contribution to the development of the English game.
Benitez believed that Gonzalez was not only the best player in Chile but also one of the most exciting prospects from La Liga. The work permit appeal board thought otherwise.
Liverpool can now either wait for Chile to break into the top 70, which may never happen, or forget about signing the talented winger altogether.
There is also the issue of how relevant Gonzalez's expected salary was in the decision. The Home Office guidelines clearly state that no salary information need be included in an application. Yet Benitez indicated that Gonzalez's relatively low wages led the board to turn down the application on the basis that he would only be a bit part player. Benitez insisted he was expected to play a key role in the season and his low salary was simply down to the Liverpool scouts discovering him before his wage demands got too high.
Many players are given a work permit after initially being denied. One example of this is Middlesbrough's Ayegbeni Yakubu. His application, following a transfer from Portsmouth, was initially turned down as he had failed to play the required 75% of games for Nigeria. But the decision was overturned after it was argued that but for a personal disagreement with the national team coach he would have played enough games.
Yakubu's case is of special interest to Dundee United. They had a work permit renewal for Trinidad and Tobago striker Jason Scotland turned down because, like Yakubu, his rocky relationship with his international coach had resulted in him being overlooked for certain games.
The appeal board refused to reverse this decision as it decided that Scotland had not made enough of an impact of Scottish football. United were further frustrated with the news that having given up on signing the player, he was granted a work permit for First Division side St Johnstone.
The Tangerines asked how St Johnstone's case differed from theirs and questioned the integrity of the Home Office's system.
Another decision overturned this summer was that of Portsmouth striker Collins Mbesuma. The Zambian striker, incidentally brought in to replace Yakubu, saw his application rejected as his country, although ranked 62, had not figured regularly in the top 70 in the last two years.
Portsmouth were, however, able to convince the appeal board that Mbesuma was good enough to bring something to the English game and was therefore worthy of a work permit.
It appears that, because of the subjective nature of these cases, two separate appeal boards can make an entirely different decision faced with almost exact details. This inconsistency is infuriating clubs and leaving them feeling that the whole process is something of a lottery.
Liverpool will continue to monitor Chile's progress in the hope that he qualifies automatically for a permit without the interference of the work permit appeal board.