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Australian Visa for Celebrities

Australian Visa for Celebrities

Subclass 408 – Temporary Activity Visa Entertainment Activities stream allows you to come to Australia for up to 2 years to work in the entertainment industry. With this visa, you can:

work in the entertainment industry (film, television, or live productions) in Australia as a performer, production or support staff
travel to and from Australia
include members of the family unit in your application

This activity type is for persons intending to work in the entertainment industry, including:

performers for recorded and live performances undertaken in Australia; and
production and support personnel for these activities

Journalists working for overseas media seeking a stay of up to 6 months can apply for a Short Stay Specialist (Subclass 400) visa.

What Can a 408 Temporary Activity (Entertainment) Visa Holder Do?

A holder of a 408 Temporary Activity (Entertainment) Visa can engage in temporary activities in Australia in the entertainment industry. This may include:

Participating in film, television, or theater productions (This could include performing in a live theater production, at a concert or music festival or even undertaking a stand-up comedy tour)
Performing as a musician, artist, or entertainer
Participating in a cultural exchange program as an artist or entertainer
Providing support services to an entertainment group or production crew; Lighting designer, Sound engineer, Guitar tech, Production Manager, Auto-tune guy, part of an entourage, personal assistants, personal trainers, chefs, make-up artists, stylists and whoever else might be part of your posse.
Acting as a circus performer or animal handler
Working on a documentary or commercial for an overseas market; this covers documentary presenters and international celebrities appearing in commercials.

The specific activities that a 408 visa holder is allowed to engage in will depend on the terms and conditions specified on their visa.

The Entertainment (celebrity) visa is for applicants who wish to work in the entertainment industry in film, television, or live productions, in a performance role or a behind-the-scenes role such as directing or producing.

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Visa Applicant

As the visa applicant, you must:

· genuinely intend to undertake the relevant work (see categories below)

· be able to support yourself financially during your stay in Australia

· have made adequate arrangements for health insurance during your stay in Australia

· meet the relevant health and character requirements

The work that you intend to undertake in Australia MUST fall into one of the following categories:

Ø performer in a film or television production. You must:

o be engaged under a performing contract for a leading, major supporting or cameo role, or to satisfy ethnic or other special requirements

o obtain a certificate issued by the Office for the Arts (OFTA) which confirms that:

§ for government-subsidised productions: the relevant Australian content criteria have been met OR

§ for non-subsidised productions: Australians have been given a reasonable opportunity to participate at all levels of production, and that foreign investment (or private investment guaranteed against foreign returns by a distributor) is greater than the amount to be spent on supporting/sponsoring entertainers for visas

Ø performer NOT in film or television. You must:

o be engaged under a contract

o have an itinerary specifying dates and venues for all performances

o show that the entertainment activity will bring a net employment benefit to the Australian entertainment industry by employing more Australian citizens and permanent residents than if your position were filled by an Australian

Ø production roles other than a performer. You must

o be engaged under a contract

o be directing, producing or be a production or technical crew member (e.g. director, camera or lighting crew, sound crew, etc.) for a television or radio production that is to be shown or broadcast in Australia; or a theatre production or concert that is to be performed in Australia; or a recording that is to take place in Australia

o have an itinerary specifying dates and venues for the production, concert or recording

Ø support staff for an entertainer (or group of entertainers). You must:

o be supporting an entertainer or group of entertainers in relation to a performing contract, whether by assisting a performance or by providing a personal service

o have an itinerary specifying dates and venues for all performances

Ø performer or support staff for a non-profit engagement. You must:

o show that the relevant engagement is for a non-profit purpose (i.e. does not serve commercial interests)

o have an itinerary specifying dates and venues for all performances

Ø television or film crew for a documentary or commercial for an overseas market. You must:

o be part of a television or film crew (e.g. actor, presenter, production/support staff, still photographer) making a documentary or commercial for an overseas audience

o have the experience and qualifications required to perform the relevant work

Sponsorship/Support

You must be sponsored for this visa IF:

you are in Australia when you lodge your application OR
you are outside Australia, and you intend to stay in Australia for more than 3 months

Your sponsor must:

be an Australian organisation that is lawfully and actively operating in Australia OR be an Australian government agency OR be a foreign government agency operating in Australia
meet the sponsorship test, which requires it to be formally approved as a sponsor (see ‘Sponsorship Application’ on the following page), and agree in writing to sponsor your visa application

If you are outside Australia, and you intend to stay in Australia for 3 months or LESS, then you do NOT need to be sponsored for this visa. Instead, the individual or organisation responsible for your work in Australia must ‘support’ your visa application.

Your supporter must:

be an Australian organisation that is lawfully and actively operating in Australia OR an Australian government agency OR a foreign government agency operating in Australia OR an Australian citizen, permanent resident or eligible New Zealand citizen who usually resides in Australia
meet the support test, which requires it to supply a letter inviting you to undertake the relevant work

Your sponsor/supporter must also:

consult with the relevant Australian union(s) in relation to your employment (if required)
hold any licenses related to the relevant production (if required)

Net employment benefits

For categories 3-5, the applicant must bring a net employment benefit to the Australian entertainment industry. This is to promote employment of Australian citizens and permanent residents in the industry.

Costs: $325

Processing times: 35 – 50 days

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Sponsorship Application (IF APPLICABLE)

This step is ONLY required if you are lodging your application in Australia OR if you are outside Australia and you intend to stay in Australia for more than 3 months.

If the organisation or agency for which you intend to work is not already an approved sponsor, it must lodge a sponsorship application with the DOHA.

As referred to on the preceding page, if your sponsor is an organisation, it must be lawfully and actively operating in Australia. In addition, it must have a good business record, abide by Australian laws, hold any required licenses relating to the production and consult with the relevant union(s) regarding your employment if needed. It must also have the capacity to meet its obligations as a sponsor.

An approved sponsorship is valid for up to five years. During this time, the organisation or agency is able to sponsor overseas workers for Temporary Activity visas.

SPONSORSHIP OBLIGATIONS

Entities that sponsor overseas workers for Temporary Activity visas must comply with certain obligations imposed by the DOHA. These obligations are designed to protect overseas workers from exploitation, and to ensure that the visa program is used correctly.

In particular, please note that after being approved as a sponsor, an organisation/agency must not attempt to recover any of the costs associated with applying for sponsorship (including migration agent costs), or any costs directly associated with your recruitment. It must also ensure that you undertake the activity for which you were sponsored.

Please contact our office for further information, including a full list of sponsorship obligations.

Visa Application

Sponsorship required

If your visa application is sponsored, your visa application will be lodged with the DOHA either at the same time as the sponsorship application, or after the lodgement of that application.

In order for your visa application to be approved, you must meet the relevant criteria as referred to above, and the organisation or agency employing you in Australia must pass the ‘sponsorship test’. This means it must be approved as a sponsor and agree to sponsor you in writing.

Once your application has been approved, you will be granted a temporary visa that is valid for the required period (up to two years).

No sponsorship required

If your visa application does not require sponsorship, then you must meet the relevant criteria referred to on the preceding page, and the individual, organisation or agency employing you in Australia must pass the ‘support test’. This means it must provide a letter inviting you to undertake the relevant work.

In addition, the DOHA must be satisfied that your supporter has a good business record and abides by Australian laws, and that it is lawfully and actively operating in Australia (if an organisation).

Once your application has been approved, you will be granted a temporary visa that allows you to travel to Australia to work for the required period (up to three months).