Subclass 408- Temporary Activity (entertainment activities) Visa

The Subclass 408 Temporary Activities Entertainment Activities visa allows overseas workers to temporarily live in Australia in order to undertake out certain types of work, including work in the entertainment industry in performance or behind-the-scenes roles. A visa for this type of work is valid for a maximum of two years. The minimum requirements for entertainers applying for this visa are as follows: 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.

Sponsorship / Support

You must be sponsored by a sporting organisation 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)

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:

- Performer in a film or television production. You must:

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

- performer NOT in film or television. You must:

• be engaged under a contract
• have an itinerary specifying dates and venues for all performances
• 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

- Production roles other than a performer. You must

• be engaged under a contract
• 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
• have an itinerary specifying dates and venues for the production, concert or recording
• 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

- Support staff for an entertainer (or group of entertainers). You must:

• 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
• have an itinerary specifying dates and venues for all performances
• 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

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

• show that the relevant engagement is for a non-profit purpose (i.e. does not serve commercial interests)
• have an itinerary specifying dates and venues for all performances

- Television or film crew for a documentary or commercial for an overseas market. You must:

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