Gaming, eSports and Immigration: Stuck on Hard Mode

Competitive gaming is a global business. Players attend tournaments, teams recruit internationally, and the sector boasts coaches, analysts, developers, producers and more.

However, fitting within the UK immigration system can be tricky. There is no category for gaming or eSports, and fitting around the other immigration options comes with perils.

Here we explore some of the main options.

Visit visas: Tournament access, not an employment unlock

The Standard Visitor visa is often considered for an overseas player coming to the UK for events, deal negotiation and tournaments. It can be appropriate for a visit for up to six months where the proposed activities fall within the permitted-activities rules.

The visit visa route does not allow work or employment, and these are defined broadly. Certain activities are explicitly permitted in the Immigration Rules including:

attending meetings and interviews;
negotiating and signing deals and contracts; and
giving a one-off or short series of talks and speeches provided these are not organised as commercial events and will not make a profit for the organiser.

This may be helpful if there are some exploratory talks and negotiations. However, activities beyond the permitted list would lead to a breach of immigration conditions.

If attending for competitions, it may be natural to consider the visitor sportsperson provisions. Permitted activities include:

taking part in sports tournaments or events as an individual or part of a team;
making personal appearances and taking part in promotional activities;
taking part in trials provided they are not in front of a paying audience; and
taking part in short periods of training provided they are not being paid by a UK sporting body…

However, the Home Office does not permit ‘professional sportspersons’ (a broad term which could include interpretations of gamers) to enter the UK if they are being paid or employed by a team based in the UK. This may be a barrier for some, and there is a wider debate about whether gaming and eSports can even be considered within the sporting field from the Home Office point of view (see below).

Helpfully, the visit visa guidance specifically considers eSport competitions within the ‘creative’ sector and as such, allows applicants to rely on the provisions that they can:

give performances as an individual or as part of a group; and
take part in competitions or auditions; and
make personal appearances and take part in promotional activities…

This gives some protection to individuals entering the UK for competitions and promotional activities.

Many nationalities do not have to apply specifically for a visit visa, but can have this granted on entry to the UK. If an individual does have to make the application, the cost is relatively cheap but does have a risk of refusal as such applications are discretionary.

Permission as a visitor only lasts for six months, and can be restrictive in the activities that can be undertaken. Many may want to consider a longer term option.

International Sportsperson route: On the subs bench

At first glance, the International Sportsperson route appears tailor-made for elite competitors. It is intended for an internationally established elite sportsperson or a qualified coach whose employment will develop their sport in the UK at the highest level. It allows work in the UK, permission for up to three years at a time and a route to Settlement. The route, however, depends on an endorsement from an approved sports governing body under the Immigration Rules.

eSports is not presently listed with a dedicated approved governing body. The absence of a recognised eSports endorsement framework means that professional players and coaches generally cannot access the route in the way footballers, cricketers or competitors in other listed sports can.

As the sector grows there is some hope that gaming and eSports can be added to this route.

Global Talent: Not for players

Global Talent would be a great solution. This allows exceptionally talented and exceptionally promising applicants permission in the UK for up to five years at a time, potentially with an accelerated pathway to Settlement. Individuals can work in the UK without a sponsor in any field. Applicants need an endorsement from an appropriate body to apply, and there is a specific Tech Nation process for those in the digital field.

However, the Tech Nation criteria requires technical or business skills, and often includes product innovation and commercial impact. There is no specified criteria for gaming skills, but there is for game design. A senior commercial leader may have a credible case; a person coming principally to compete is in a materially different position.

Skilled Worker: A difficult level

The Skilled Worker route requires a genuine job offer from an organisation that is a licensed sponsor. The role must fall within an eligible occupation code, meet the applicable skill requirement, satisfy the salary rules and the organisation must issue a Certificate of Sponsorship. Individuals must spend the majority of the time working for their sponsor.

This route leads to Settlement in the UK, and by its nature facilitates work in the UK. It is even possible to be sponsored and work on a self-employed contract basis with the sponsor, although the practical realities of this are limited.

The route has less flexibility therefore, and with a high minimum salary requirement, may be difficult for some.

A greater barrier however, is that there is no specific occupation code for gamers. The most appropriate occupation code must be selected and in general, an applicant must undertake the majority of the example duties of that occupation code. As only certain codes are eligible for sponsorship, only certain applicants may fit into the existing framework.

Code 3413 Actors, entertainers and presenters for instance allows presenters to be sponsored in the UK, which can facilitate livestreaming. However, this may only help certain gamers. Worse still, in general this code can only be used those who entered the Skilled Worker route before April 2024. Therefore, any new applicant needs to be considered on a case by case basis to understand whether the role can meet the occupation code and Skilled Worker requirements.

Gaming and eSports: Stuck on hard mode

The visit visa system does, somewhat surprisingly, support parts of the eSports ecosystem. However the fact that no route has been designed around the professional eSports system does hold the sector back in the UK.

The Skilled Worker route allows a degree of help, but within a context of higher salary levels and Home Office compliance, is less than ideal.