This article is part of our Fielkow's Law series.
18 months ago, few could pick DeAndre Yedlin out of a lineup. Things have changed in the blink of an eye for the 21-year-old American, and finally last week, Yedlin's rapid ascension became official, as his long-rumored transfer to Tottenham Hotspur was completed. Though Spurs and Yedlin's hometown Seattle Sounders actually signed on the dotted line in August, hopping the pond isn't as easy is it appears. So how did we get here?
Before diving into the complex world of international transfers, first some background on the newest defender to call White Hart Lane home. Yedlin was off the national radar until an academy switch his senior year of high school led to a scholarship with Akron. After a few solid seasons, his hometown Seattle Sounders signed him to a Homegrown Player contract. Despite being named to the Major League Soccer (MLS) All-Star team in 2013 – something no rookie had accomplished in seven years – Yedlin was a surprising and controversial addition to the United States' 23-man roster at last summer's FIFA World Cup. With the world watching, the brash right back captured the hearts of State-siders with his explosive runs, fearlessly attacking the game's best. Yedlin concluded his impressive run of success by leading the Sounders to the MLS Western Conference title and Supporter's Shield, before losing to the Los Angeles Galaxy in the Conference Finals.
Yedlin's meteoric rise naturally drew the interest of clubs across the globe, as AS Roma, Olympique Lyonnais and Anderlecht were among the teams linked to the 2014 U.S. Soccer Young Male Athlete of the Year. It was Tottenham, however, who inked Yedlin to a four-year deal in August. Yet, Yedlin's exact start date with Spurs remained a mystery, with Yedlin to be transferred either in January or when the European transfer window re-opens next summer. During this time, he remained with the Sounders but he was not a Spurs player on loan, as Seattle retained his rights and paid him his MLS salary. This "delayed transfer" is rare, but the reasoning is simple: the little matter of obtaining a work permit.
Becoming a professional footballer in England isn't as easy as you might imagine. After seeing an influx of international talent crowd out homegrown players, England's Football Association (FA), with the assistance of the Home Office, elected to tighten the criteria for foreign players entering the country in order to assist in the development of young English players. Both the Home Office and the FA must comply with the free movement protections guaranteed by the European Union (EU), which ensure the right of citizens of EU member states to move freely about Europe for employment purposes.1 While the FA is essentially powerless to prevent a footballer holding an EU passport from working in England, to compensate, it imposes strict requirements on non-EU footballers.2
1 Article 45 of the Treaty on the Functioning of the European Union establishes the freedom of workers.
2 This is partly influenced by factors outside of sport. There is growing national concern that free movement will lead to mass migration to the UK and lead to an adverse effect on both the labor market and the economy in general has permeated the highest levels of the FA and has had a trickle-down effect on football work permits.
In order for any player from outside the 28 member states of the EU to secure a work permit, the player must meet the following two requirements:
(1) The player must have participated in at least 75 percent of his home country's senior competitive international matches3 where he was available for selection during the two years preceding the date of application; and
3 The FA defines "senior competitive international matches" as World Cup matches and qualifiers, continental tournaments and qualifiers (i.e. UEFA European Championships, CAF Africa Cup of Nations, CONMEBOL Copa America), and Confederations Cup matches.
(2) The player's National Association must be at or above 70th place in the official FIFA World Rankings when averaged over the two years preceding the date of application.
In the case of Yedlin, his three World Cup appearances this summer mark the whole of his national team appearances over the last two years, leaving him woefully short of the 75 percent required mark. Even if Yedlin were to play in all six Gold Cup matches next summer, he will only have played in 9 of 14 (65 percent) of the national team's competitive matches over a two-year span.4 Tottenham could appeal to the FA – arguing that Yedlin falls under the rule's "highest calibre" player exception5 – in which it is argued that the player is an extraordinary or exemplary talent that will contribute significantly to the development of the game at the top level in England.
4 Per SB Nation's Sounder at Heart
5 Players who appear in 75 percent of their national team's competitive matches over the past two years are guaranteed to receive a work permit, but should a non-EU player that is sponsored by a football club fail to meet the initial FA requirements for endorsement of a work permit, the club may file an appeal under The FA appeals process. On appeal, the FA will refer the case to an independent panel – called the Points Based System Appeals Panel – who may still grant the permit if the player is of the "highest calibre."
So how are clubs getting around the blockade? In Yedlin's case, he was probably going to be able to circumvent the restriction by simply obtaining a passport from a member EU nation, as he was likely eligible to receive a Latvian passport through his grandmother's Latvian citizenship. With a passport from a member EU nation in hand, Yedlin would have been guaranteed a UK work permit. It appears, however, that Yedlin has been granted his work permit via the appeals process, and Spurs have confirmed that he will join Mauricio Pochettino's squad in the January transfer window
The question now becomes whether Yedlin will actually play for Spurs over the final five months of the season. He has barely trained with the team, as he spent all of last season with the Sounders, and it is entirely possible that he spends time with the U-21 side in order to learn specific game plans that Pochettino continues to try to institute in his first season with the club.
Shortly after the transfer was first announced, starting rightback Kyle Walker was still recovering from abdominal surgery that he had in September, which appeared to pave a clear path for Yedlin to play upon his arrival. Spurs experimented with 20-year-old Eric Dier, who actually scored in their first two league matches this season. However, he struggled after that, eventually losing his job to Kyle Naughton, who also lost a little playing time to Vlad Chiriches. Things finally settled down for Tottenham when Walker returned Dec. 11 against Besiktas in the Europa League, and he has reassumed his starting rightback slot, seemingly pushing Yedlin further away from the pitch.
It's entirely possible that Yedlin could make a few appearances this season, but a fit Walker will heavily decrease his odds of starting, with Dier, Naughton and Chiriches all fighting him for playing time as well.
While Yedlin was lucky enough to have obtained his work permit through the appeals process (as well as have family in Europe), nothing is guaranteed, and in many other cases, clubs are finding creative ways to bypass the FA's rules. As such, clubs will often utilize the loan system as a means for allowing the player to continue to develop with an eye towards eventually securing a work permit, while at the same time maintaining control over the player's rights. For example, Stoke City signed American Juan Agudelo last January, despite failing to secure a work permit for the 20-year old striker. As Agudelo was ineligible to play in the Premier League, Stoke immediately loaned him to Eredivisie club FC Utrecht because the Dutch have comparatively lenient work-permit requirements. The hope is that Agudelo will bolster his resume enough to eventually secure an English work permit – either through national-team play or through the "highest calibre" player exception.6
6 Examples of players whose Premier League sides have signed and then subsequently sent on loan while said players attempted to gain the requisite qualifications for a work permit include: Joel Campbell, Samuel Galindo, Wellington Silva, Carlos Vela (Arsenal); Christian Atsu, Cristian Cuevas, Ulises Dávila, Matej Delac, Kenneth Omeruo, Slobodan Rajkovic, Wallace (Chelsea); Villyan Bijev (Liverpool); Juan Agudelo (Stoke City); and Godsway Donyoh (Manchester City)
The FA has a vested interest in ensuring that young English players have the opportunity to thrive in the Premier League, and regardless of how you feel about England's work-permit restrictions, the rules are likely here to stay. Further, in the era of financial fair play, even wealthy clubs can no longer build their squads exclusively through the highly inflated transfer market. As such, fantasy owners should take note of the ways forward-thinking clubs are continuing to acquire and groom young talent – even when those players aren't being rostered – as those players likely represent the next wave of potential fantasy stars.
