Smith is forced to leave Sussex
http://news.bbc.co.uk/sport2/hi/cricket/counties/sussex/8324147.stmDwayne Smith has left Sussex and returned to the West Indies because of complications with his work permit.
The all-rounder, who signed a three-year deal in 2008, has been forced to go back to Barbados but the club hope he will be able to return for 2010.
He no longer qualifies as a Kolpak player as he has not been playing in the UK since 2006, and has also not played enough recent Test cricket.
Under new regulations, he had to satisfy one of the two criteria.
"Dwayne has been a huge force for us," Sussex's Dave Brooks told BBC Sport.
"We obviously did want to hold onto him. He is the fifth-highest scorer in Twenty20 cricket anywhere in the world and he is probably the best outfielder in the world," added the Sussex chief executive.
"It was always his intention to stay, but he is now back in Barbados and looking to get into the West Indies side."
Under pre-existing immigration regulations, a cricketer who has represented his country must have played one Test match in the past two years or five Test matches in the past five years to be eligible when first registered as a Kolpak player.
But Smith is the first victim of a new ruling that states that where that criterion expires, a player must have had four consecutive years of UK work permits behind him before being granted 2010 county registration as a Kolpak.
The Kolpak ruling has been in place since a European Court of Justice ruling in 2003 in favour of Maros Kolpak, a Slovak handball player seeking work in Germany.
His legal action allowed players from countries and regions with associate trade agreements with the European Union - such as South Africa and the West Indies - to be treated as non-overseas players.
Smith last played Test cricket in 2006, and has since excelled in the Twenty20 game.
"When Dwayne joined in 2008, he was eligible, but he no longer meets that criteria," Brooks said.
Dwayne Smith
Smith has been central to Sussex's Twenty20 side for the past two years
"He now has to concentrate on getting picked for the West Indies and given the way he has been performing, there's a good chance he will be.
"He should also be picked for the Twenty20 World Cup squad, which they are hosting next year."
Sussex remain optimistic of being able to bring Smith back as their second overseas player for Twenty20 cricket next season, subject to him appearing in the West Indies Test side.
"We've worked with him for two years, we know how good he is, and hopefully we'll be able to bring him back," Brooks said.
"We'll be keeping an eye on him and we'll keep our fingers crossed."
The 26-year-old was central to the county's first Twenty20 Cup success in August, scoring a blistering 59 from 26 balls to give Sussex a 63-run win over Somerset in the final.
His performances in 2009 followed a high-impact first season for the Sharks, when he scored 185 runs at an average of 23.12 in the same competition and also took 12 wickets at an average of 24.75.
The West Indian has also starred in the Pro40, where he recently took a quadruple wicket maiden, including a hat-trick, against Nottinghamshire.
