5. Importing and Sponsoring Live Theatre Performance Personnel

Live Performance Personnel include Producers, Directors Designers, Choreographers, etc on all live theatre, dance, ballet, opera, musical, cabaret, variety and concert productions.

Process

All Applications need to be made with the Department of Immigration and Citizenship (DIAC). Consultation will also need to take place with the Media, Entertainment and Arts Alliance (the Alliance).

 1. The Department of Immigration and Citizenship (DIAC)

• The relevant visa is an Entertainer (sub-class 420) Visa;

• Applications for overseas personnel to be engaged on live productions in Australia are considered within the parameters of the Migration Regulations and, in particular, with reference to the extent to which the application complies with the provisions of the net employment benefit test under Reg 1.12A of the Migration Regulations 1994;
• The net employment benefit test requires the Sponsor to demonstrate that the engagement of the overseas person/s will lead to greater employment of Australians in the entertainment industry than would have been the case had Australian personnel been engaged;
• Application needs to be made as Sponsor and a 1379 form lodged with DIAC with a copy of the completed form provided to the Alliance (see below) ;
• Application needs to be made in respect of the visa for the overseas person and a 147 form lodged with DIAC;
• All DIAC enquiries should be directed to:
  DIAC’s Sydney Entertainment Processing Centre:
  Tel:  +61 2 8861 4302
  Fax: +61 2 8861 4301

2. The Media, Entertainment and Arts Alliance (the Alliance)

• It is necessary to provide the following information:    

    a. An outline of the production;
    b. A letter outlining the reason for importing an overseas person/s setting out why the application complies with the net employment benefit test and why Australians could not have been engaged;
    c. A copy of the completed 1379 form that will be lodged with DIAC;
    d. A copy of the overseas person/s resume.
    e. A copy of the deal memo/contract with the overseas performer/s.Provision of deal memos/contracts is treated strictly confidentially. Most importantly, it is necessary that the deal memo/contract set out that:

            i. the overseas person is to receive remuneration and be afforded terms and conditions, including accommodation, travel and transport within Australia and per diems, no less favourable than those contained in the relevant Australian award/agreement. For information regarding the relevant agreement please contact aid@alliance.org.au or +61 2 9333 0999;
            ii. the sponsor will provide the overseas person with return international airfare/s and take out medical insurance on the actor's behalf.

• It is advisable to commence discussions with the Alliance as early as possible. If the application complies with the Migration Regulations, the procedure is simple and quick. If the application does not comply with the Migration Regulations, the Alliance will advise accordingly. Formal consultation with the Alliance

• All Alliance Imports enquiries and consultation should be directed to the Alliance Imports Office:

       Tel:  +61 7 3846 0044
      Fax: +61 7 3846 0153
      Email: imports@alliance.org.au

• The Alliance will advise in writing whether in its view the application complies with the Migration Regulations and copy that advice to DIAC.
  

Consultation Fee for the Media, Entertainment and Arts Alliance

Applications for union endorsement of overseas performers and technicians are subject to a consulation fee and should be submitted as part of your application (see fees below, GST inclusive):