Commenting on what could happen to the sports transfer market once Britain leaves the EU, Maria Patsalos, partner at Mishcon de Reya says:
“The uncertainty of Brexit means nothing is set in stone. There are of course several options which could play out in the football transfer market.
Firstly, all European nationals post-Brexit will have to meet the current work permit rules produced by the FA. Alternatively, and perhaps less likely, European nationals will receive more lenient treatment when it comes to visa requirements. Finally, the FA, the Government and the Premier League would need to come to a brand-new arrangement which is currently the most likely option.
The Premier League are likely to want to scrap the FA rules completely and open the market. While the FA are open to considering this, English football's governing body are pushing to change the non-home-grown rules. Currently, each club is entitled to have up to 17 non-home-grown players and the FA would like to reduce to this to 13.
However, Brexit is not all doom and gloom for the transfer market. Brexit is the perfect opportunity to start again and have a new arrangement.”
Discussing the possibility that Brexit might affect the transfer of players under the age of 18, Maria Patsalos, Partner at Mishcon de Reya comments:
“Currently, all EEA nationals are exempt from a FIFA rule which prevents the transfer of Under 18s, but come March 2019, that rule is expected to disappear. It will be interesting to see the impact this has on the Summer transfer window.
It’s unclear if Premier League clubs will be weaker after leaving the EU as it’s dependent on what rules will be in place post-Brexit. But the lack of younger players will definitely give EEA clubs a competitive edge over clubs in the UK.
The new rules might also prevent young English talent from playing abroad. Just as UK clubs won’t be able to attract European players in the same way, the same will apply to European clubs looking to secure English talent. We are hoping that whatever the new rules formed post-Brexit, they will be reciprocal.”