Gateshead say they are challenging a decision that means they are unable to compete in this season’s National League play-offs.
The Heed have been told they don’t meet the entry criteria for membership to the EFL.
It centres around not to having the 10-year security of tenure at their stadium, required for new teams applying to enter the EFL which was required by 1 March 2024.
Altrincham, who finished fourth, will now receive a bye into the semi-final where they will face Bromley on Sunday.
Solihull Moors, who Gateshead were due to travel to on Tuesday for the Eliminator and were originally announced as receiving the bye, will host FC Halifax Town on Wednesday.
Barnet will face the winners at their Hive Stadium home on Saturday.
A National League statement read: “The National League is extremely disappointed to announce that following a decision of the EFL, Gateshead Football Club has failed to meet the entry criteria for membership to the EFL.
“As a result of the decision Gateshead will not be permitted to participate in the play-offs this season.
“This decision is based on the club failing to meet the 10-year security of tenure at their stadium, required for new teams applying to enter the EFL which was required by 1 March 2024.
“The club requested a 10-year security of tenure from Gateshead Council. This was refused. The National League wrote to the council in support of the application by the club highlighting the impact on the club, its supporters, and the local community if the security was not given.
“Unfortunately, the response received was not supportive of the club’s requirements and placed the club at risk of a refusal of membership to the EFL and therefore forfeiture of any right to participate in the play-offs.
“On 28 March 2024, following the deadline for licence applications to the EFL had passed, the Council offered options to the club. However, in the opinion of the EFL these options still did not satisfy their requirements.
“The National League made representations to the EFL and are disappointed with the decision whilst at the same time recognise the entry requirements are clearly stated in the EFL rules.
“The National League supported an appeal by the club which was denied by an EFL arbitration panel.
“Under the rules, the club cannot be replaced, and they will be removed from the planned fixture on Tuesday 23 April 2024.”
“Whilst the club may consider further challenge, the current position under the rules is that the club will not be eligible to participate in the play-offs this season.
Gateshead, who finished sixth, say they will fight the ruling.
A club statement said: “Gateshead Football Club are extremely disappointed to find ourselves in the position as outlined in the statements released by the EFL and the National League.
“Rest assured we will continue to challenge both on their decisions, and we will endeavour to ensure that footballing matters are decided on the pitch.
“Therefore, our players and staff remain 100 per cent focused on the task in hand, and we wish to go on record to express our gratitude to the National League for supporting our challenge to the EFL.
“Due to the legality of this matter, no further comments will be made by Gateshead FC until appropriate.”
The EFL said: “Gateshead Football Club will not be permitted by the National League to participate in this season’s Play-Offs as the terms of the Club’s occupation at the Gateshead International Stadium, owned by the Borough Council of Gateshead, does not meet the relevant qualifying criteria to enable the Club to become a Member of the EFL.
“All other Clubs permitted to play in the National League play-offs adhered to the requirements as set out in EFL Regulations.
“Despite the League working with Gateshead throughout last season and again in recent months, the Club has been unable to attain security of tenure to play matches at its Stadium for a minimum of 10 seasons.
“All National League Clubs are required to apply annually to the EFL should they wish to be eligible for promotion, which Gateshead did alongside other Clubs by the 30 November deadline. Working with the EFL, Clubs then had until 1 March to ensure that all the relevant criteria of EFL Regulations were met.
“As Gateshead failed to meet the security of tenure requirement, the EFL rejected its application. The Club appealed the League’s decision claiming that it was irrational or unreasonable, but that appeal has now been rejected after consideration by an independent Arbitrator.
“As the EFL strongly believes in the principles of promotion and relegation it is therefore highly disappointing that appropriate solutions have not been put in place over the previous two-year period, as avoidable circumstances are preventing Gateshead from progressing up the pyramid even if the Club achieves success through sporting merit.
“The League hopes that Gateshead and the relevant stakeholders can address this matter so that the Club can meet the obligations of EFL membership and be eligible for promotion in future seasons.”
