ENTERTAINMENT WORK VISAS IN AUSTRALIA - Ausfilm

Page created by Reginald Cook
 
CONTINUE READING
ENTERTAINMENT WORK VISAS IN AUSTRALIA - Ausfilm
E N T E R TA I N M E N T W O R K V I S A S I N A U S T R A L I A
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
You can also read