Live Performance Australia - International Visas for Touring Australian Artists

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LIVE PERFORMANCE AUSTRALIA - INTERNATIONAL VISAS FOR TOURING AUSTRALIAN ARTISTS

OVERVIEW AND RESOURCE KIT

1.  INTRODUCTION

Visa requirements for touring artists vary greatly across differing jurisdictions. This Live Performance Australia overview and resource kit (LPA Overview) is designed to give Members a basic understanding of the visa processes that apply in those countries to which they are most likely to tour.

The LPA Overview also provides useful contact details in order to seek further information.

In August 2010, The Australia Council for the Arts, in conjunction with Creative New Zealand, released “International visas and taxation: a guide for performing arts organisations in Australia and New Zealand” (Australia Council Guide). The Australia Council Guide is a useful resource, and a link to the document has been included here.

The LPA Overview does not cover all of the jurisdictions canvassed in the Australia Council Guide.

Instead, the LPA Overview focuses on the United Kingdom, the United States, New Zealand and China as countries likely to be of most interest to Australian producers and companies. Those producers seeking information regarding countries not covered by either the Australia Council Guide or the LPA Overview should first contact the embassy of the country in question, and seek assistance from LPA.

2.  UNITED KINGDOM

2.1 Work Permits (Tier 5) “Creative and Sporting” Workers

As “non-visa” nationals, Australian citizens are not required to obtain entry clearance before entering the UK, and do not require a work visa. A work permit is required, however.

The United Kingdom has a “Points-Based” system, where applicants are assessed for eligibility based on application information. Points accrued then determine the eligibility of applicants for various categories of work permits, which are described as “Tiers”.

Temporary work permits are Tier 5 under the Points-Based system. Tier 5 then contains a sub-category for “Creative and Sporting” workers. In most cases Australian artists will qualify under this category of temporary work permit. This allows the worker to work in the UK for twelve months. In the event that an applicant is ineligible for a temporary work permit, the Australia Council Guide advises to apply for a visa through your local consular office. For more detail on this process, refer to the Australia Council Guide.

In order to determine eligibility for the work permit, the applicant should use the points-based calculator to discover how many “points” they have. Factors taken into account include age, qualifications, pervious earnings and English language skills.

The calculator can be accessed here: http://www.ukba.homeoffice.gov.uk/pointscalculator.

Applicants must then complete the Points Based System Form (VAF9 DEC2010) and PBS Appendix 6: Self-Assessment – Temporary worker assessment form. Both forms can be accessed here:

http://www.ukvisas.gov.uk/en/howtoapply/vafs/.

The Self-Assessment should be completed with regard to the results of the points-based calculator above.

The applicant will need to provide the following information:

·  Passport or travel document;

·  Biometric details (scans of all 10 fingers and a full-face digital photograph provided in person);

·  A recent passport sized photograph in colour against a white background of the applicant’s full face without sunglasses, hat or head covering (unless it is worn for cultural or religious reasons but the face must not be covered);

·  A fee of GBP 128; and

·  The applicant must be able to demonstrate that they have sufficient funds to support themselves and any dependents for the entire period of stay (at least GBP 800 for the main applicant and a further GBP 533 for each accompanying dependent; the balance should not fall below the minimum at any time during the period of stay). This can be certified by the sponsor in the Certificate of Sponsorship.

Sponsor and Certificate of Sponsorship

If the applicant is eligible for a Tier 5 temporary work permit, then their prospective employer must apply for the artist’s work permit on their behalf. This system requires that the applicant has a UK based licensed Tier 5 sponsor, and a valid Certificate of Sponsorship.

The Certificate of Sponsorship is a virtual document similar to a database record that acts as an assurance that the applicant is able to undertake the job and intends to do so. In issuing the Certificate, the sponsor has to guarantee that the applicant:

·  is seeking entry to the UK to work or perform in the relevant sector;

·  is not intending to base themselves in business in the UK;

·  poses no threat to the resident labour force; and

·  will comply with the conditions of their permission to stay and leave the UK when it expires.

Before assigning the Certificate of Sponsorship, the sponsor may have to seek an endorsement from UK Equity (www.equity.org.uk).

Members should be aware that some major venues and presenters in the UK have ‘permit free status ‘. For this reason the Australia Council Guide recommends obtaining the details of work permits through the presenter – as they may not be required.

2.2  Entertainment Visitors

If a work permit is not required, then entertainment visitors can be admitted on a permit free basis. This enables the visitor to enter the UK essentially as a tourist, but to work as an entertainer without breaching Immigration Rules. This is allowable for a maximum of six months. In order to enter the UK as an entertainment visitor the entrant must satisfy the Entry Clearance Officer that:

·  they are genuinely seeking entry to perform at the specified event(s);

·  they pose no threat to the domestic labour force;

·  they are not using this engagement(s) as a means of establishing themselves in the UK;

·  they do not intend to stay more than six months; and

·  they satisfy the requirements of the Rules relating to visitors in all respects (apart from employment at the specific event).

This type of concession is similar to the cultural, non-commercial or non-profit categories in Australia. If the above requirements are met, then applicants that are participating in the following activities are eligible to be an entertainment visitor:

·  taking part as a professional in one or more music competitions;

·  fulfil one or more specific engagements as an individual amateur entertainer or as part of an amateur group;

·  taking part, either as an amateur or a professional, in a cultural event that is included in the list of specific events to which this applies;

·  being a member of a visiting entertainer's support staffor an official attending the same event as the visiting entertainer;

·  taking part in broadcasts or public appearances, provided they are not being paid; or

·  doing an audition, provided this is not performed in front of an audience.

The applicant will also need to be able to show that they:

·  want to visit theUK for a maximum of six months;

·  plan to leave theUK at the end of their visit;

·  have enough money to support and accommodate themselves without working orhelp from public funds, or will be supported and accommodated by relatives or friends;

·  do not intend to charge members of the public for services provided or goods received;

·  do not intend to study;

·  can meet the cost of the return or onward journey; and

·  intend to take part in particular events, including charity events, and will not be paid other than cash prizes or for board and lodging expenses.

Entertainment visitors can only switch to a work permit if, before they entered the UK, their Sponsor gave them a Certificate of Sponsorship for this category. The entertainment visitor can use this certificate to apply to switch their status.

2.3  Further Information and Contacts

Online Visa Information:

www.ukvisas.gov.uk/en/

The British High Commission in Australia is in Canberra:

http://ukinaustralia.fco.gov.uk/en/

Postal address:

Locked Bag 5010

Visa Section, Piccadilly House

39 Brindabella Circuit

Canberra Airport

ACT 2609

Telephone: +61 2 6245 3738

Fax: +61 2 6257 5857

There are also British consulates in all state capitals plus Darwin, Cairns and Alice Springs. These can be contacted for information – it should be noted that consulate offices do not handle passport and visa matters.

High Commission Opening Hours:

For taking biometric data (by appointment only):

Monday - Friday 9:00am to 12:30pm, and 1:00pm to 2:00pm

For collection of completed applications:

Monday - Friday 2:00pm to 3:00pm

For general information:

Monday - Friday 9:00am to 12:30pm and 1:00pm to 3:00pm

Visa information is available Monday to Friday 9am to 5pm, through two telephone advice lines:

1902 941 555*

1300 858 472 **

* Calls charged at a rate of $3.50 cents per minute, charged to your telephone bill. Call costs from mobile and pay phones is higher.

** Calls charged at a flat rate of $11.00, charged to your credit card.

3.  UNITED STATES

The United States requires that foreign nationals seeking to work in the country obtain an appropriate working visa prior to entry. This process is lengthy and expensive, and the Australia Council Guide strongly recommends that Australian producers engage a local visa professional to handle the process for them (if the US presenter does not already employ someone to do so). The

Australia Council Guide suggests that the benefits of such an engagement will generally outweigh the costs.

US visa requirements also change regularly and the site www.artistsfromabroad.org contains the most current information.

The two most common form of visa that will apply to artists or entertainers are:

·  The Visa for Individuals with Extraordinary Ability or Achievement in the Arts O-1B Visa (O-Visa); and

·  The Athletes/Entertainers/Artists Visas, P-1B, P-2 and P3 (P-Visas).

A further O-2 Visa is available for any entrant who is an integral part of the artistic performance of an O-Visa artist, because they perform services that are essential to the successful performance of the O-Visa artist.

Essential support personnel who are an integral part of the performance of a P-artist or entertainer and who perform support services that cannot be readily performed by a US worker, are eligible for a P-classification (P-1S, P-2S or P-3S) that is the same as the artist or entertainer concerned.

In all cases, the process for obtaining a visa first requires the US employer to petition for those entering the United States by submitting a completed Form I-129 Petition for Nonimmigrant Worker, with the required supporting documentation.

3.1  O - VISA

To qualify for an O-1B visa, the applicant must demonstrate extraordinary ability in the arts or extraordinary achievement in the film or television industry by sustained national or international acclaim and must be coming temporarily to the US to continue work in the same area. That is, the applicant must have a high level of achievement in the field of the arts evidenced by a degree of skill and recognition to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.

The petitioner for an O-Visa artist must provide:

A.  a copy of any contract between the applicant and the petitioner;

B.  a written advisory opinion describing the applicant’s extraordinary ability in the arts from a peer group (including labour organisations) in the field of endeavor (ie. live performance) or a person or persons designated by the group with expertise in the area of ability; and

C.  evidence of having received or been nominated for significant national or international award or prize in the particular field such as an Academy Award or evidence of at least 3 of the following:

i.  performed or will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements;

ii.  achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about you in major newspapers, trade journals, magazines, or other publications;

iii.  a record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications;

iv.  received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which you are engaged, with the testimonials clearly indicating the author's authority, expertise and knowledge of the alien's achievements;

v.  a high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence; or

vi.  performed in a lead or starring role for organisations that have a distinguished reputation.

If the above standards do not readily apply to the applicant, the petitioner may submit comparable evidence in order to establish your eligibility (this does not apply to the film or television industry).

3.2  P– VISAS

All P-visas allow applicants to visit the US temporarily for up to 1 year. They can be extended in increments of up to 1 year in order to continue or complete the event, competition or performance. The Form I-129, which is used to petition for an applicant to be allowed to enter the country is also used to apply for a change of status, extension of stay, or change of employment.

3.2.1 P-1B Visas

The P-1B Visa applies to applicants coming to the US to perform as a member of foreign-based entertainment group that has been recognized internationally as outstanding in the discipline for a sustained and substantial period of time.

By filing for a P-1 group, the petitioner certifies that at least 75% of the members of the group have a substantial relationship with the group for at least one year (except for circus performers and essential circus personnel). In order to ensure that a group meets this requirement, the petitioner can list every person (including understudies or reserves) that may be going to America.

The entertainment group must be internationally recognized, with a high level of achievement in a field that is evidenced by a degree of skill and recognition.

It is the reputation of the group that is pertinent, not the individual achievements of its members or the acclaim of a particular production.