Jaques had played two first-class matches before joining Northants

Born and raised in Australia a British passport-holder, Jaques appeared as an English-qualified player last year.

But he is playing Australian state cricket, making him an overseas player in the eyes of English authorities.

"Our solicitors ... believe that the current regulations are in breach of European employment law," said chief executive Steve Coverdale.

Jaques hit 1409 runs at an average of 58.70 in his debut Championship season before rejoining New South Wales.

The issue of "passport-professionals" - who qualify as home-grown stars but cannot play for England - is a hot one, with the players union expressing their opposition.

We expect to have this matter resolved early in the New Year Steve Coverdale Northants chief executive

Under European Union law only players who have passports from outside Europe can be classified Overseas, and counties have a quota of two such players per club.

But so far any passport professionals deciding to play on in their home country have opted to take an Overseas designation there.

Jacques has agreed a three-year contract but the Northants already have two overseas players in South African duo Martin van Jaarsveld and Andre Nel.

"What was a hypothetical scenario has now become a definite one in that Phil has played first-class cricket for New South Wales in Australia," Coverdale added.

"The national registrations committee has recently discussed Phil's situation and the outcome of these discussions is that they stand firmly behind the current regulations.

"[Our solicitors] will be making further representations on Phil's behalf within the next week or two and we expect to have this matter resolved early in the New Year."

Jaques could qualify to play for England in three years if he spends the majority of each year in the UK.

"I want to give myself every chance of playing for Australia first."