Australia remains a highly attractive option for the world’s filming and touring stage. An impressive $768 million was spent by 70 international productions on drama productions alone here in 2023/24, with a further $477 million on foreign theatrical features. This includes big budget films such as Blacklight starring Liam Neeson, Thirteen Lives directed by Ron Howard, and Ticket to Paradise featuring Julia Roberts and George Clooney.

The live performance scene fares just as well – if not better – with a 56% growth rate from 2022 to 2023, with over $3 billion in ticket revenue. Contemporary music had the largest market share, followed by musical theatre, while circus and physical theatre experienced the highest year-on-year growth at 200%.

What do all of these sectors have in common? All their international talent, associated production and touring Crew need to apply for a Temporary Activity Visa (subclass 408) Entertainment Activities stream before they’re allowed to work here.

If you’re a producer or event organiser looking to bring global talent to Australia, it’s crucial you understand the inner workings of this visa for the success of your project. This guide will help.

What is the Temporary Activity Visa (subclass 408) Entertainment Activities stream?

It’s a temporary visa that allows talent and crew to enter Australia and work in the entertainment industry (film, television, or live productions). It covers performers, production and support staff/crew, and can include their family members too.

All workers need to:

1. Work in an eligible entertainment activity category (see Eligibility [Ma1] section)
2. Have a contract to perform or work in a production in Australia
3. Meet health and character requirements
4. Have adequate health insurance
5. Have an Australian supporter (if staying less than three months) or Australian sponsor (if staying for more than three months)

Talent, crew and their families can stay up to two years on this visa, and can travel to and from Australia as many times as they want during the visa term. Visa costs start from $415 per applicant.

Let’s now delve into the details of the Temporary Activity Visa (subclass 408) Entertainment Activities stream to give you a comprehensive understanding of its components and processes, ensuring the best start for your production.

 

Eligibility

The Entertainment stream visa has numerous eligibility criteria. They are:

1. Must meet one of the entertainment activity categories

The talent and staff you want to employ must be either:

1. Performing in a film or television production subsidised by government
2. Performing in a film or television production not subsidised by government
3. Performing other than in film or television (i.e. live theatre, stage etc.)
4. Working in a production role other than as a performer
5. Working as support staff for an entertainer or group of entertainers
6. Working as a performer or support staff for a non-profit engagement
7. Working on a documentary or commercial for an overseas market

2. Contract

They either need to have a contract or show proof of their engagement in performance or production role in Australia.

3. Support or sponsor

If they intend to stay less than three months in Australia, they’ll need an Australian supporter. This is either:

• an Australian organisation
• an agency of the Australian or State government
• a foreign government agency operating in Australia, or
• an Australian citizen or permanent resident or eligible New Zealand citizen.

This supporter needs to provide:

1. A letter of invitation that includes an itinerary outlining the dates and venues of all performances
2. A written statement that they can support any dependent family members the performer/staff member wants to include in their application
3. Evidence they have the right licenses to run the production/event

If your performer/staff want to stay more than three months, they need an Australian sponsor. The requirements are almost the same as for a supporter, but with just a few differences:

• The category of being a sole ‘an Australian citizen or permanent resident or eligible New Zealand citizen’ doesn’t apply
• They’ll need a sponsorship application ID number, sponsorship transaction reference number (TRN), or a sponsor approval letter or receipt for lodging the sponsorship application

3. Proof of financial support

Your talent or staff member needs to prove they have enough money to support themselves (and any family members) while in Australia.

4. Meet health and character requirements

Applicants must meet minimum health requirements, alongside having adequate health insurance for their entire stay. In addition, they’ll have to prove their character by truthfully declaring any criminal conduct, alongside agreeing to complete other checks if needed.

5. Other

There are a range of additional eligibility requirements, such as proving they’re a genuine temporary entrant, not owing any money to the Australian government and so on. The full list is available on the immigration website, or through your trusted migration specialist.

Key things you need to know as a producer or event organiser

While there are some obvious things you can’t do once your talent or staff visa is granted (like changing dates and places of engagements without letting immigration know), there are number of others you need to be aware of.

1.       Consult with unions

If you are applying for a visa for talent and staff under entertainment activity categories 1 to 5, the sponsor must consult with the relevant Australian union. This can be quite an involved and timely-consuming process with associated fees. This is why many producers opt to engage with entertainment migration specialist, for both convenience and speed.

2.       Net employment benefits

For entertainment activity categories 3 to 5, the applicant must bring a net employment benefit to the Australian entertainment industry. This requirement is in place to ensure productions and events don’t adversely affect employment of locals in the Australian entertainment industry.

For these categories, the sponsor or supporter must provide evidence (such as an itinerary and supporting documentation) that the applicant’s role in the production will create a ‘gain’ in the Aussie industry. For example, by creating jobs, transferring skills, or filling a skill gap that can’t be locally met.

How long does it take to get an Entertainment stream visa?

According to the immigration website, the latest visa processing times are between 21 to 43 days. But this doesn’t take into account the time you’ll need to gather documentation, consult with unions if needed, as well as whether your applicant may need to undertake further health or character checks. For instance, character issues can take an additional four weeks to process.

What’s the process of getting the visa?

Once you understand what you need to, have consulted with the relevant union and gathered the necessary documentation, these are the broad process steps to getting the visa:

1. Create or log in to your ImmiAccount
2. Attach your documentation
3. Submit application, as well as any further family applications
4. Pay the fee
5. Wait for the outcome – it might be granted with no problems, or you may need to provide further information.

5 common pitfalls that lead to visa approval delays

The Australian migration system is complex and navigating it can be tricky. Getting an entertainment visa can be fraught with risks, with small oversights running the gamut from delays to outright refusals.

Here are some of the most common pitfalls:

1.       Incomplete/incorrect applications

The most common mistake is submitting a poorly prepared application with incorrect, incomplete evidence, or vague information. Unfortunately, getting it wrong not only comes with potential visa refusal, but penalties too.

2.       Missing documents

Failing to provide all necessary documents (of which there are many), like police certificates or health certificates.

3.       Failing to meet requirements

It might be on the sponsor or supporter end, or with you adequately demonstrating genuine temporary entry. It could even come down to talent or staff health or character issues.

4.       Misunderstanding eligibility criteria

It’s easy to confuse the entertainment visa stream with the multitude of others under subclass 408, particularly when lines between various industries are somewhat blurry.

5.       Overlooking visa conditions post-arrival

The 408 Entertainment stream visa has ongoing obligations once here, prohibiting work outside the approved entertainment activity. This can be troublesome for those thinking they can take on unrelated freelance gigs.

These are merely five ways you can get it wrong with your visa application. This is why it’s highly beneficial to engage with a migration specialist with expertise in the entertainment industry early in the production process. Their advice can be invaluable, saving you time, stress and money when you factor in possible delays.

Here at Migration Ways, we have a team of expert agents well-versed in the Entertainment stream subclass 408 visa. We have supported countless producers and event organisers to gain successful visa applications, with our smooth, reliable and stress free process.

Connect with us to learn more about how we can help you secure the talent and production staff visas you need to your production a success.