If you are a part of the entertainment industry and have a temporary performance opportunity in Australia, you can use the Subclass 408 Temporary Activity visa under the Entertainment Activities Stream (‘Entertainment visa’). This visa will allow an individual to participate in film, television or live performances as a performer or support/production staff. The Entertainment visa can be granted for periods between three months and two years. This article will outline the key criteria you must satisfy to gain this visa.
Sponsor or Supporter
The visa applicant (performer or support staff) will need a sponsor or supporter. Furthermore, the sponsor or supporter must hold any licences required to undertake the relevant activities.
Overseas Applicants Staying Less Than Three Months
If the visa applicant is applying from outside Australia and intends to stay less than 3 months, they will need a supporter. The eligible supporter can be:
- an Australian citizen or permanent resident;
- a lawfully operating Australian organisation; or
- a Government agency.
The applicant must provide a letter of support from the supporter that identifies the following:
- work activities;
- duties involved;
- relevant dates; and
- locations.
Any adverse information about the supporter will reflect poorly on your visa application. Accordingly, your supporter should not be insolvent, under investigation or found contravening any laws. If there are adverse circumstances regarding the supporter, these must be reasonable to disregard.
Applicants Within Australia or Staying Over Three Months
If the visa applicant is applying from inside Australia or intends to stay over three months, they will need a sponsor:
- ‘approved’ as a Temporary Activities Sponsor or Entertainment Sponsor; and
- lawfully operating an Australian organisation or a Government agency.
In addition, the sponsor must:
- agree in writing to sponsor the visa applicant (and family) and not withdraw or cease the sponsorship;
- details the activities the applicant will undertake and why the applicant is necessary; and
- not be subject to any adverse information that cannot be reasonably disregarded.
Eligible Entertainment Activities
The intended entertainment activities will need to fit into one of the following categories.
| Entertainment Activities | Details | Union Consultation Required by Sponsor/ Supporter* |
| Performing in film or television production wholly or partially subsidised by federal, state or territory Government. | Must be in a leading role, major supporting role, cameo role, or required to satisfy ethnic or other special requirements.Sponsor or supporter must obtain an Arts certificate from the Department of Communications and the Arts. | Yes |
| Performing in film or television production not subsidised by the Government. | Must be in a leading role, major supporting role, cameo role, or required to satisfy ethnic or other special requirements.Sponsor or supporter must obtain an Arts certificate from the Department of Communications and the Arts. | Yes |
| Performing not related to film or television. |
Production of live theatre, comedy shows, classical music performances, and marketing for online production.Must bring a net employment benefit to the Australian entertainment industry.** Sponsor or supporter must provide an itinerary of performance dates/venues. |
Yes |
| Working as production or technical crew staff in film, television, radio, theatre production, concert or recording in Australia. |
Must evidence of non-profit/commercial nature.All profits must go to a non-commercial organisation, charity or patron. Sponsor or supporter must provide an itinerary of performance dates/venues. |
Yes |
| Working as support staff for an entertainer or group of entertainers for profit. |
Production of live theatre, comedy shows, classical music performances, and marketing for online production.Must bring a net employment benefit to the Australian entertainment industry.** Sponsor or supporter must provide an itinerary of performance dates/venues. |
Yes |
| Working as a performer or support staff for a non-profit engagement. |
Must evidence of non-profit/commercial nature.All profits must go to a non-commercial organisation, charity or patron. Sponsor or supporter must provide an itinerary of performance dates/venues. |
No |
| Working on a documentary or commercial for an overseas market not intended to be shown in Australia |
Documentary containing a factual presentation of an actual event, era or person’s life in the format of television, film, online video or radio.Applicants can be performers, crew, production or support staff. Must demonstrate intended overseas market, for example, a distribution contract. |
No |
Contract
The visa applicant will need a contract for the performance or work they intend to undertake in Australia. This should be a typical employment contract and should include:
- the services engaged;
- remuneration agreed on; and
- signatures of all relevant parties.
Adequate Means For Stay
The visa applicant must demonstrate they have adequate means or access to adequate means to support their stay and that of any family members on their visa. For example, applicants can demonstrate adequate means through
- remuneration from performance contract; or
- bank statements showing current funds held.
Genuine Temporary Stay
The visa applicant must demonstrate they intend to stay in Australia temporarily. Applicants can demonstrate this through ties to their country of residence such as:
- family;
- bank documents; or
- lease agreements.
Whether the applicant has complied with prior visa conditions on Australia visas will also be relevant to this assessment.
No Adverse Effect on Australians
The visa applicant must demonstrate that they do not intend to engage in any activities that negatively impact employment opportunities or working conditions of Australian citizens or permanent residents. For example, showing that a stage comedian has highly unique characteristics and provides entertainment that cannot be duplicated will assist in demonstrating this criterion, as this indicates an Australian could not execute the same activities and is therefore not barred from the same opportunities.
General Criteria
The visa applicant must satisfy general visa criteria such as:
- meeting health and character requirements;
- holding adequate health insurance for the period of stay; and
- owing no debts to the Australian Government.
Sponsoring overseas workers as an Australian business is complicated. Let us simplify it for you with this free employer guide.
Key Takeaways
Navigating the intricacies of the Entertainment visa demands a comprehensive understanding of the requirements outlined in this article. Whether you are an artist seeking a temporary stage in Australia or a business aiming to bring talent for a specific project, satisfying these criteria is pivotal. Therefore, by staying informed and fulfilling the necessary criteria, applicants can ensure a smoother visa application process, fostering a seamless collaboration between international performers and Australia’s vibrant entertainment industry.
If you require assistance preparing this visa or determining if it suits your situation, our experienced immigration lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.
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