The Loophole: Why Swimmers Might Not Have to Wait 3 Years to Change Citizenship

In February, World Aquatics (formerly FINA) tightened eligibility restrictions on athletes, increasing the waiting period from one year to three years for anyone seeking to change sporting nationalities. However, the new rule might have some exceptions.

Article 3.6 of the new policy on sport nationality says that if an athlete can prove they initiated the sporting nationality switch prior to the rule revision on Feb. 21, then World Aquatics will apply its old rules instead. This exemption will only exist until the end of this calendar year “at the latest.”

“Such evidence may notably consist of correspondence related to an Athlete’s change of sport nationality exchanged between the World Aquatics Member and World Aquatics before the entry into force of these new rules,” the updated competition regulations read.

A few swimmers made recent headlines for testing the waters by attempting to switch sporting citizenships. We’ll know by 2024 whether they have to wait one year or three years since their last date of international representation to compete again.

Russian distance specialist Anastasia Kirpichnikova appeared to qualify for France’s open water squad heading to this year’s World Championships on Saturday with a 2nd-place finish in the 5k at the Martinique Open. The newly certified French citizen has been living in the country for more than three years and the French Swimming Federation (FFN) said it expected her to be eligible for Worlds this summer since she initiated the process before the new World Aquatics rule took effect.

A World Aquatics spokesperson told SwimSwam on Sunday that “the most current rules apply” to Kirpichnikova, but it’s unclear whether that means she’s ineligible for Worlds and the Paris 2024 Olympics due to the new three-year waiting period or whether she may still be available via the exception — which is included in the current rules. SwimSwam reached out to World Aquatics for clarification, but has not received a response as of publication. The new policy is not retroactive, only applicable to change of sporting nationality matters filed after Feb. 21.

Fellow Russia native Mark Nikolaev is hoping to switch to Australian sporting nationality, which would bring much-needed depth to their backstroke group. Nikolaev, who turns 26 this year, claims to have been corresponding with Swimming Australia since 2021 and asked the international governing body about changing last year. He plans to compete at the Paris 2024 Olympics, with his last international representation for Russia coming at the 2019 World University Games.

“I am just waiting for a confirmation from the Australian Olympic Committee,” Nikolaev told SwimSwam. “They are important in this process. Obviously, nobody can guarantee anything, but I hope I will be able to finish the transition and eligible to swim next year.”

French open water swimmer Lisa Pou won both the 5k and 10k at the Martinique Open, but it looks as if she’ll now represent Monaco moving forward. Pou has been training with the AS Monaco club for more than a decade. It’s unclear how the new World Aquatics policy will impact her switch yet.

Earlier this month, Canadian-Italian-American Santo Condorelli returned to action at the Pro Swim Series stop in Westmont as he aims for a spot on the 2024 U.S. Olympic team. Since the 28-eyar-old last competed internationally for Italy at the Tokyo 2021 Olympics and is a U.S. citizen, he cleared both hurdles of eligibility.

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Justanopinion
1 year ago

How many people opened this article to find out how this may affect Mr. Worldwide. 😎

Kelsey
1 year ago

I have no issues with the current batch of swimmers who are switching it’s not like overnight they’ve made this choice. I’m unclear on all the rules but surely there should have been some kind of forewarning and a grace period for it to come in by World Aquatics. Surely seems a glaring fail on their part.

Admin
Reply to  Kelsey
1 year ago

I had the same thought. Though, it’s possible that while this change was a big drop on the rest of us, given that it was made public after that date passed, it’s likely that the federations knew this was coming and could advise their athletes accordingly.

I would hope.

Ferb
1 year ago

Russian and Belarusian athletes should be given a simple and accelerated path for changing federations, with the condition that they can’t switch back to Russia/Belarus for a very long time. Meanwhile, the ban against the Russian federation should be tightened and extended indefinitely.

Gulliver’s Swimming Travels
1 year ago

Fascinating. I wonder if Litherland has considered switching to New Zealand if he doesn’t make another international team here. It seems like the smartest thing to do if you want to continue your career. Japan is already too stacked in his main events.

Sub13
Reply to  Gulliver’s Swimming Travels
1 year ago

No one is going to choose to compete for Japan (unless they always have).

In Japan, you can’t have dual citizenship if you’re over the age of 21. So Litherland (and Condorelli, since people have mentioned him as well) would need to get Japanese citizenship and relinquish all other citizenships to compete there. I just don’t see that happening.

Arisuin
1 year ago

IMO, I think it’s a bit ridiculous to have to wait for so long to change sporting nationalities. Granted, I haven’t read the article of rules, so I don’t know what it is like for muti-national athletes

Sub13
Reply to  Arisuin
1 year ago

I literally think this rule was in response to Condorelli hopping around.

Perhaps it should still only be 1 year to change citizenships for the first time, but then if someone wants to change back or change for a second time it should be upped to 3-4 years. That makes it fair for people who have legitimate reasons to swap nations once, but prevents nation-hopping for opportunists.

Admin
Reply to  Sub13
1 year ago

What’s interesting is that under new rules, for swimmers, you’re basically saying you get one change in a career.

Not literally. Someone could jump more than once, especially if the first one was after just junior representation (and therefore only a 1 year wait). But pragmatically, it becomes very difficult

Seth
1 year ago

Do elite swimmers shop around for other nationalities that may suit them better?
Darien Townsend changed from South Africa to American citizenship.
Are swimmers looking for the best deal, like college athletes in the transfer portal?

Caleb
Reply to  Seth
1 year ago

yes

commonwombat
Reply to  Seth
1 year ago

Motivations may vary as will their individual circumstances. Even for those with dual citizenships, there is no “rule of thumb” as to how they may decide.

Some may have lived all their lives in one country and consider themselves as being “X” even with the alternate option open to them. For others, it may be the case that they may chose the country that has the better swimming infrastructure/support whereas others will take the option that offers them the easiest path to international selection.

Although Townsend represented RSA in 3 Olympics; he had been US based for a decade before becoming a US citizen in 2014, and thus eligible to represent US. Cases like this, ie. having put down long… Read more »

Sub13
1 year ago

Interesting. I think it’s quite unlikely that either of these specific swimmers will win any medals so it won’t affect medal tallies but will just prevent them from participating if they’re excluded

ooo
Reply to  Sub13
1 year ago

In form Kirpichnikova could do real damage over 1500 free

Sub13
Reply to  ooo
1 year ago

Her PB would not have medalled last year and didn’t medal in Tokyo when she set it. And realistically we know Ledecky is winning so I’m not concerned about a single potential bronze medal anyway. Let her swim.

Troyy
1 year ago

I’ve been wondering why Nikolaev chose to come to Australia after the war broke out but this is an interesting reveal that he’s been in contact with Swimming Australia for longer! Australia is an expensive place to live and train if you don’t have government support so I guess he must have a job outside of swimming?

Alex
Reply to  Troyy
1 year ago

Australia doesn’t have strong backstrokers on 100, so he hopes to make medley relay team and get olympic medal, lol)

commonwombat
Reply to  Alex
1 year ago

In all honesty; he’s really only “on par” with what AUS already has on hand in the event. So, whilst he would certainly be very competitive head to head; its far from certain he would win AUS Trials or be fast enough. In any case, the only ways AUS M4XMED would medal is either via multiple DQs by faster teams or if FINA decides to hold a raffle instead of a race.

Robbos
Reply to  commonwombat
1 year ago

Amazing you could make that comment prior to the trials.

Sub13
Reply to  Alex
1 year ago

He’s slower than Isaac Cooper. If Nikolaev actually swims the medley relay final then the team won’t win a medal.

About Riley Overend

Riley is an associate editor interested in the stories taking place outside of the pool just as much as the drama between the lane lines. A 2019 graduate of Boston College, he arrived at SwimSwam in April of 2022 after three years as a sports reporter and sports editor at newspapers …

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