ENTERTAINMENT WORK VISAS IN AUSTRALIA - Ausfilm
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E N T E R TA I N M E N T W O R K V I S A S Q U I C K FA C T S AUSFILM - CONNECTING FILMMAKERS WORLDWIDE TO AUSTRALIA Ausfilm promotes Australia’s screen – Visitor (subclass 600); incentive production program, locations and – Electronic Travel Authority (subclass 601); capabilities worldwide to assist international and screen producers to make their productions – eVisitor (subclass 651). in Australia. Ausfilm is an Australian industry-government partnership. It Please note: comprises Australia’s federal and state – visa fees will apply (except for eVisitor governments, the major studios, leading visas); post and VFX facilities and production – visa applications may take up to 3 months service providers. to process; W O R K I N G I N T H E E N T E R TA I N M E N T – health and character requirements apply; INDUSTRY – you may need to demonstrate you have All persons working in Australia’s adequate means to support yourself while entertainment industry (including film, TV or in Australia; and live performances), who are not Australian – you may need to demonstrate that you citizens or permanent residents, need a have incentive to return to your usual place temporary work visa for the duration of their of residence when your Australian visa stay. Until 19 November 2016 that was the expires. Temporary Work (Entertainment) (subclass 420) visa. This visa is no longer being issued. DISCLAIMER This fact sheet provides a brief overview of the The appropriate visa is now the Temporay Australian visa requirements for media and Activity visa (subclass 408). entertainment industry personnel. You should engage a local production services company to assist with Whilst the most appropriate visa for persons your Australian production including immigration wishing to work in Australia in a role processes. You may also need to seek advice from a qualified entertainment industry immigration related to the entertainment industry will specialist. be the (subclass 408) visa, there are limited Immigration requirements may vary depending on the circumstances where one of the following nature of the work to be performed in Australia. For visas may be available: more detailed information contact: The Department of Home Affairs (DOHA) www.homeaffairs.gov.au www.border.gov.au AUSFILM AUSTRALIA AUSFILM USA Sydney Los Angeles T +61 2 9383 4192 T +1 (310) 229 2362 Ausfilm is supported by financial assistance ausfilm.com.au info@ausfilm.com.au AusfilmUSA@ausfilm.com from the Australian Government 1
TEMPORARY ACTIVITY W H AT S T E P S A R E I N V O LV E D I N A P P LY I N G F O R A (SUBCLASS 408) VISA TEMPORARY ACTIVITY VISA? This visa is the most common visa for international The following is an overview of the main steps productions filming in Australia. involved in applying for a Temporary Activity Visa. ELIGIBILITY • having a person or Australian entity become an The subclass 408 visa is for temporary work in approved sponsor if the stay is no more than three Australia in the entertainment industry including work months; in film, TV or live productions. Requirements • consulting with, in most cases, the Media, differ for the following categories: Entertainment and Arts Alliance, or the Australian Directors Guild (categories A-E,inclusive); • A) Performers in film or TV productions that are • making an application to the Department of subsidised by a government in Australia; Communications and the Arts (a government • B) Performers in film or TV productions that are not agency) for the importation of foreign performers subsidised by a government in Australia; (categories A & B); • C) Performers not in film or TV (i.e. live • having the approved sponsor nominate the performances); entertainment personnel if the stay is more than • D) Production roles other than as a performer (e.g. three months; and director, camera crew etc.); • having the entertainment personnel lodge a visa • E) Support staff for an entertainer or group of application. entertainers (e.g. makeup artists, hairdressers, stylists etc.); AUSTRALIAN SPONSORS AND SUPPORTERS • F) Non-profit engagements; and All activities for the Temporary Activity Visa (subclass • G) Documentaries and commercials made for a 408) require sponsorship where the visa applicant is market outside Australia. outside Australia and intends to stay for three months or more or is in Australia at the time of the application. Some explanation of the requirements for each category of subclass 408 visa is set out below. If If the stay is less than three months, the individual or in doubt about your eligibility you should make organisation in Australia who is responsible for the enquiries via email to a qualified immigration adviser events or activities, must meet the support test. or the Department of Home Affairs (DOHA) (see useful contacts on last page of this document). To sponsor an entertainer you must be: • an Australian organisation that is lawfully W H AT T H I S V I S A A L L O W S Y O U T O D O established and operating in Australia; With this visa an individual or a group can come to • an agency of the Australian Government or an Australia on a tempoary basis to: Australian state or territory government; or – Work in the entertainment industry; • a foreign government agency operating in – Undertake the work or activity specified in the visa Australia. application; and – Bring family members (eligible additional Please note: applicants) to Australia. (Note: additional applicants • If you were approved before 19 November 2016 attract an increased fee). as an entertainment sponsor, you would be able to use this approval to sponsor a Subclass More detailed information about this visa can be 408 Temporary Activity visa applicant during the found on DOHA’s website: www.homeaffairs.gov.au/ transitional period to 19 May 2017 or until your trav/visa-1/408- approval ceases (whatever is earlier). You must apply online for approval as a Temporary Activities Sponsor: www.immi.homeaffairs.gov.au/ visas/getting-a-visa/visa/listing/temporary-activity-408/ entertainment-visa 2
To support an entertainer you must be: • an Australian organisation that is lawfully S P O N S O R A N D S U P P O R T E R M U S T A P P LY T O T H E established and operating in Australia; D E PA R T M E N T O F C O M M U N I C AT I O N S A N D T H E A R T S • an agency of the Australian Government or an F O R A C E R T I F I C AT E T O I M P O R T F O R E I G N Australian state or territory government; A C T O R S - C AT E G O R I E S A & B • a foreign government agency operating in This requirement is to ensure relevant Australian Australia; or content criteria have been met for Australian • an Australian citizen, Australian permanent subsidised screen productions or that Australians have resident or eligible New Zealand citizen who is been given a reasonable opportunity to participate usually resident in Australia. in all levels of the production for unsubsidised productions. To meet the support test, an individual or organisation Foreign performer importation guidelines and must: application forms for certificates can be obtained • have nothing adverse known about you or a at www.arts.gov.au/publications/guidelines-entry- person or organisation associated with you, unless australia-foreign-actors-purpose-employment-film-and- it is reasonable to disregard that information; and television-productions • provide a letter of invitation (from an organisation - on the organisation’s letterhead) which identifies: Once a sponsor and supporter has received a written – the visa applicant and any family members opinion from the union, they can apply to the Foreign travelling with them Actor Certification Scheme Desk Officer through the – the event/s, activity or work in which the Department of Communications and the Arts website. applicant will be involved Where the union does not support the application – the duties in relation to event/s, activity or work (or has not provided a letter of opinion at all) within the applicant will be involved 14 days, the Department of Communications and the – the date/s, location/s of the event/s activity or Arts may take this into consideration. work. You do not need to lodge an application to be a L O D G I N G A N A P P L I C AT I O N supporter. You must provide all the documents Visa applications must be made online. Applicants mentioned in the document checklist to the visa and agents can access online services by creating an applicant to submit with their visa application, which ImmiAccount. For information on how to do this go to they make online. www.online.immi.gov.au/lusc/register The applicant will need to provide documents to prove C O N S U LTAT I O N W I T H T H E U N I O N - C AT E G O R I E S the claims made in the application. A–E, INCLUSIVE A sponsor and supporter, must consult with the relevant Australian union in relation to the 3 M O N T H S O R L E S S S TAY I N A U S T R A L I A employment or engagement of overseas personnel. If the stay in Australia is for three months or less these The relevant Australian unions are the Media, are: Entertainment & Arts Alliance (MEAA) for actors & • a letter from the organisation or individual crew; the Australian Directors Guild (ADG) for directors; in Australia who is responsible for the events and the Musician’s Union of Australia for musicians & or activities the applicant will be undertaking conductors. (if an organisation – the letter must be on the organisation’s letterhead) which identifies: Matters that the unions are concerned with include – visa applicant and any family members whether the overseas personnel will receive travelling with them; remuneration and be afforded working terms and – event/s, activity or work the applicant will be conditions, including accommodation, travel and involved; transport within Australia and per diems, no less – duties in relation to event/s, activity or work favourable than those contained in the relevant the applicant will be involved; and Australian award/agreement. – date/s, location/s of the event/s activity or work. MEAA and the ADG have published a schedule of fees and a requested list of documents. You may wish to contact MEAA and the ADG to discuss the requirements, or contact Screen Producers Australia, if you are a member of a similar industry association in your home country. 3
3 M O N T H S O R M O R E S TAY I N A U S T R A L I A B U S I N E S S T R AV E L If the stay is for more than three months these are: There are three visas that you can apply for online to • evidence that the sponsorship application has visit Australia for tourism or business visitor activities. been lodged or approved, such as: • Electronic Travel Authority (subclass 601) – sponsorship application I D number or • eVisitor (subclass 651) sponsorship Transaction Reference Number • Visitor visa (subclass 600) (TRN); or – a sponsor approval letter. Tourism includes holidays, recreation and seeing family • a written statement from the sponsor that they and / or friends. will meet the sponsorship obligations for all dependent family members included in the Business visitor activities may include attending a application. conference, negotiation or an exploratory business visit. Whether being supported or sponsored the following documentation will also be required: • copies of the deal memo/contract for each E L E C T R O N I C T R AV E L A U T H O R I T Y - 6 0 1 applicant; This visa lets you visit Australia: • evidence of consultation with the relevant union, • to visit for business visitor purposes where required; • as many times as you want, for up to a year • a Department of Communications and the Arts • and stay up to three months for each visit. Certificate to Import Foreign Actors for a Film or Television Production (where required); You might be able to apply for this visa if you are • evidence that each applicant holds private health outside Australia and are a passport holder of a insurance; certain country. See www.immi.homeaffairs.gov.au/ • a copy of each applicant’s curriculum vitae; visas/getting-a-visa/visa-listing/electronic-travel- • a copy of each applicant’s itinerary; and authority-601 • a copy of each applicant’s biographical passport page. E-VISITOR-651 This visa lets you visit Australia for visitor or business Most applicants will have to pay the visa application visitor purposes for up to three months in a 12 month charge when lodging their online application. period. W H AT W I L L I T C O S T ? You might be able to apply for this visa if you are Most stages of the visa process attract a fee. The outside Australia and are a passport holder of a certain cost of visas and sponsorship services will vary country. See www.immi.homeaffairs.gov.au/visas/ depending on the size of the production, the number getting-a-visa/visa-listing/evisitor-651 of people you are importing and the complexity of the requirements for each person. Advice on current rates can be found at www.homeaffairs.gov.au/trav/visa- 1/408-?modal=pricing-estimator VISITOR VISA-600 This visa lets you visit Australia for visitor, family visit or business visitor purposes for up to three, six or 12 H O W L O N G W I L L I T TA K E ? months. The following is a rough guide to the time required to process each stage of the visa application process You might be able to apply online for this visa if you are (based on foreign actor application): outside Australia and are a passport holder of a certain • MEAA consultation - 14 days for performers and country. If you cannot apply online you can lodge a five working days for other personnel paper application. • Department of Communications and the Arts certificate - five working days See www.immi.homeaffairs.gov.au/visas/getting-a-visa/ visa-listing/visitor-600 4
U S E F U L C O N TA C T S GOVERNMENT L E G A L & E N T E R TA I N M E N T V I S A A D V I C E D E PA R T M E N T O F H O M E A F FA I R S SIMPSONS SOLICITORS Australian Immigration Offices - International + 61 2 8014 5050 For enquiries made from outside Australia go to Mark Bamford, Director www.homeaffairs.gov.au/about/contact/offices- mbamford@simpsons.com.au locations www.simpsons.com.au Australian Immigration Offices - within Australia www.homeaffairs.gov.au/about/contact/offices- locations/australia D E PA R T M E N T O F C O M M U N I C AT I O N S & T H E A R T S www.arts.gov.au/what-we-do/screen UNION M E D I A , E N T E R TA I N M E N T & A R T S A L L I A N C E ( M E A A ) +61 7 3846 0044 www.meaa.org/imports AUSTRALIAN DIRECTORS GUILD (ADG) +61 2 9555 7045 www.adg.org.au S C R E E N P R O D U C E R S A U S T R A L I A ( S PA ) +61 2 9360 8988 www.screenproducersaustralia.org.au 5
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