I help run an amateur cricket club which, last year, welcomed a young asylum seeker from Afghanistan. He was keen to get involved in the sport and make new friends. None of our players are paid or funded in any way. He has a Home Office registration card and has not left the UK since his arrival in January 2017. He previously played cricket in Afghanistan for the national team at junior levels and attended the national men’s training camp, although he never played for the full team.
We have now been informed that he is not allowed to play for our club in any capacity because he is considered a “professional” and any paid or unpaid cricket would be deemed “employment” and in breach of Home Office conditions. It doesn’t seem right that we can refuse to allow a young man the chance to play sport for fun, while he tries to settle in to a new country. RB, Brentwood, Essex
Your would-be member appears to have fallen foul of updated Home Office guidance announced last year.
The rules prohibit overseas sports people, without a work permit, from playing professional sport, but, last year, the definition of “professional” was broadened to include anyone who previously earned a living from playing a sport or intends to do so.
However, the rules designed to prevent illegal working draw a distinction between “volunteering”, which is allowed, and “voluntary work”, which isn’t. It sounds as though your would-be member would be volunteering, rather than providing unpaid professional services, since there is no reward in money or benefits in kind, and no mutual obligation on either side.
The Home Office refused to comment, but the Refugee Council reckons there should be no bar on this individual playing as a hobby.
Your Home Office letter should include details on how to challenge the decision. If you do decide to do so, consult a solicitor specialising in asylum law or an immigration adviser regulated by the Office of the Immigration Services Commissioner.
If you need help email Anna Tims at your.problems@observer.co.uk or write to Your Problems, The Observer, Kings Place, 90 York Way, London N1 9GU. Include an address and phone number. Submission and publication are subject to our terms and conditions
- Comments are pre-moderated to ensure the discussion is about topics that have been addressed in this article
