World Rugby change eligibility law that caused Spain’s kicking out of World Cup

World Rugby has announced an adjustment to the regulation which was the catalyst for Spain’s disqualification from the 2023 men’s World Cup.

Previously, regulation 8.1c of the governing body’s statutes ordered that, to qualify for a country without familial ties, a player had to complete 60 consecutive months of unbroken residence immediately preceding their first appearance for the adopted nation.

Following a World Rugby Council decision last October, however, from August 1 this year any player “with a genuine, close, credible and established link to a union” now has to complete a 60-month “rugby registration” in their adopted nation, with either a club or the union.

That period will no longer have to be “unbroken” and players will be free to travel.

Telegraph Sport understands that World Rugby reviewed the regulation between 2022 and 2023 following a number of complex eligibility cases where proving unbroken residency became challenging for both the respective union and World Rugby’s eligibility committee, as well as placing added stress onto the player. Spain’s expulsion from the 2023 World Cup was most notorious in this regard, but there are other less renowned instances.

It is understood that the adjustment is aimed to address challenges that arise for unions within territories where recording entry and exit from a country is not straightforward and that World Rugby believe it will not materially impact the spirit of the regulation as players cannot have dual registration.

In 2022, Spain were disqualified from a second successive men’s World Cup for fielding an ineligible player. During qualification for the 2023 showpiece, during the Rugby Europe Championship, Los Leones twice used Gavin van den Berg, a South African-born prop, as a replacement in matches against the Netherlands. Van den Berg was deemed to have represented Spain without fulfilling the requisite residency criteria and Los Leones were docked 10 points which allowed Romania and Portugal to qualify for the 2023 World Cup in their stead.

Although there were other factors at play in the Van den Berg case – such as how long the prop had considered Spain as his permanent, primary home – the catalyst was regulation 8.1c. Van den Berg began playing in Spain in 2018 but, despite being attached to a Spanish club throughout that period, could not prove 60 months of “unbroken” residency. The prop’s Instagram posts, detailing his travel, were also used as evidence.

Subsequently, during World Rugby’s investigation and hearing, the 28-year-old’s passport was found to have been tampered without his knowledge by his club at the time. The FER appealed their disqualification from the 2023 World Cup in 2022 but the decision was upheld.

“Following the World Rugby Council decision in October 2023, an adjustment to World Rugby Regulation 8.1 (c) governing national eligibility has been adopted across the game,” a statement from World Rugby read.

“From 1 August 2024, any player with a genuine, close, credible and established link to a union is no longer required to complete 60 months (five years) of unbroken residency in the relevant country right up to the first time that player represents the union.

“Under the revised approach ‘rugby registration” over a 60-month period will need to be demonstrated via registration with a rugby body, including a national union or club.

“The amendment was approved by the Council following extensive consultation with unions and players and is aimed to address challenges that arise for unions within territories where recording entry and exit from a country is not straightforward.”

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