UPATED 28 August 2020

​Travel restrictions apply if you are without a COVID visa exception, unless you are an Australian citizen, permanent resident, an immediate family member of a citizen or resident or are a New Zealand citizen who usually resides in Australia.

Any other travelers who have a compassionate or compelling reason to travel to Australia will need to apply for an exemption from the Australian Border Force Commissioner in accordance with the below list.

KEY EXEMPTIONS FOR NON-RESIDENTS AND CITIZENS 

For non-citizens and non-residents, an application for an Australian COVID visa exemption can only be considered by The Commissioner of the Australian Border Force for:

• foreign nationals travelling at the invitation of the Australian Commonwealth Government for the purpose of assisting in the COVID-19 response or whose entry would be in the national interest
• critical medical services, including air ambulance and delivery of supplies, that regularly arrive into Australia from international ports
• people with critical skills (for example, medical specialists, engineers, marine pilots and crews)
• diplomats with current posting in Australia, and their immediate family
• ​humanitarian or compassionate reasons – assessed on a case by case basis.

UPDATE: 28 August 2020
Key update - Exceptions for non citizens can be granted for people working in sectors critical for Australians Economic Recovery eg;

• Film productions
• media and television productions
• financial technology
• large scale manufacturing
• emerging technologies 
• and similar

Non citzens with critical skills required to maintain the supply of essential goods and services (such as in medical technology, critical infrastructure, telecommunications, engineering and mining, supply chain logistics, agriculture, primary industry, food production, and the maritime industry),  can also be granted an exemption 

Exemptions applied and granted before travel. The request for an exemption requires specific submissions and supporting information to be provided to the Commissioner. The supporting material required will depend on the type of exemption sought and reason for the request.

All non-English documents and material are required to be translated by a approved translator.  

Ideally, at least 4 weeks processing should be allowed, however faster assessment may be processed for urgent requests.

The exception will not be processed if it is applied for more than 3 months prior to the proposed arrival date and you do not need to hold a visa before seeking the exemption.

On arrival into Australia, a 14-day quarantine is mandatory at designated facilities (for example, a hotel and if certain requirements are met private quarantine can be arranged, which is too costly for many). ​

There may also be additional quarantine or other requirements put in place with any exemption applied for depending on where the applicant is travelling from. 

Travel restrictions are changing regularly and quicker than we can update this information.

Any questions contact talentvisas [@] mccormicks.com.au

If you wish to enquire about private quarantine please email Matt on securetours@mccormicks.com.au

Some countries may require particular information and materials to assess an entertainment visa application if they are of the view that there are character concerns of an applicant related to past criminal charges.

Here we have provided some information and guidance for the drafting and collating of supporting materials for addressing those concerns as they relate to a criminal history. 
​
CHARACTER STATEMENT AND CRIMINAL HISTORY

With criminal issues, police certificates will need to be obtained to make sure all offences are referred and responded to. If there are any charges or convictions not included in the police certificate, these should also be addressed, if there is an online record of those charges.  

An assessing country may research an applicant’s history as well, including sources such as news reports, Wikipedia, and possibly international agencies. Missing an offence or issue can jeopardise the application or cause extra delay or a second statement to be requested.
A personal statement in your own words own words, indicating what happened in the circumstances of each issue identified in the police report or elsewhere. This will help to provide context that is not in police certificates or reported media.

The statement will also need to provide details from after the offences (the charges or convictions), the outcome of those offences (eg. if a fine was paid, or completed rehabilitation, jail time etc). It is also important to outline what effect the event had on the applicant’s life, particularly when it was life changing, for the good. The length of the statement will depend upon the applicant’s personal circumstances.

For each item that appears on the police certificate, please include the following information:

1. At that time how old you were, where you were living, were you working, any particular family issues going on. etc
2. Dates of offence and conviction (if relevant);
3. Offence/Incident – What happened i.e. account of the events leading up to and including the offence, and reasons for the behaviour;
4. Full details and comments of any sentence or penalty imposed (the consequence). This includes but is not limited to: details of fines, police or home detention, community service, probation, or imprisonment;
5. Was the sentence/fine etc fulfilled (if relevant). This should include details of how and when the consequence was fulfilled, such as a fine being paid in full, community service, probation being completed, serving a full jail sentence, or partial sentence if released early for good behaviour;
6. Other relevant information such as circumstances, misunderstandings (without excusing yourself), or evidence of rehabilitation, was it related to another offence. Was it related to gang culture/codes/rules.

If you require assistance with this step, please do not hesitate to contact us. Your version of the drafted statement will remain confidential throughout the process and will be settled and submitted by us, but it is important that you give us as much detail as possible.  we don’t care if it is full of spelling mistakes and the grammar isn’t Pulitzer prize worthy. The most important aspect if the correct facts.

Depending on the country, the personal statement is often requested in the form of a sworn and witnessed statement (e.g. Commonwealth Statutory Declaration), to be signed by the applicant, and witnessed.  We will put the completed statement in the correct format.

These are guidelines and everyone situation is different. Also don’t hold back on information as we know how to frame it correctly in the final versions, and to be honest we have seen and heard it all so nothing shocks us and we will not be sharing the information other than to be used for the application. –If you do not want specific people in your Band/team/crew etc the draft statements and information let us know so we can ensure that doesn’t occur.  

EXTRA STATEMENTS
In addition to the personal statement it can be helpful to have others provide support as well – this may entail further statements from friends or family who can give an overview of the situation.

CHARACTER REFERENCES We always recommend that that character references from people who have known you for a significant time be obtained and included.
 
Below is a suggested guideline and format of what to include in a letter of support:

• First section (the referee to provide) -Introduce themselves, their position/office, and outline their relationship with the applicant and how long they have known them;
• Second section (can be a few paragraphs) - Positively describe the character of the person, providing examples to evidence their good character / rehabilitation /charity;
• Last section -  closing statement, and thank the reader for their time and consideration. They should also provide contact details if further contact is required;
• Sign off – make sure it is signed and their full name is provided, have it also put in a formal statement format.  If done by a letter, the letters should be on letterhead, signed and addressed as follows:

To Whom It May Concern,
Re: [insert applicants name]
c/- - McCormicks Law
292 Water Street
Spring Hill
Australia 4000

If we are instructed to draft separate submissions, we will need to refer to provided reference and make additional supporting comments on it.

LETTERS FROM BUSINESSES

Letters from businesses that are involved with the tour are also recommended in many cases. These letters would outline what loss the business would experience if the applicant is not granted a visa. 

(c) McCormicks Law

The Australian Governments decision on 19 April 2017 to change the 457 visa regime has sent many into a tail spin.

What does it mean for the media and entertainment workers and their visas.

Actors, Dancers, Film Directors, Art Director (in Film TV and Stage), Variety Artist, certain sports people, Music Directors, Music Professionals, TV Presenter and Radio Presenter are some of the entertainment and media based occupations removed from the eligible skilled occupations in the Australian Governments culling of the 457 visas.
 
The reality is that many are more suited to the 408 Entertainment Visa and in certain circumstances a Distinguished Talent Visa.

MORE INFO: Entertainment visa page l Email

The Temporary Activity Subclass 408 Visa is the current a short stay visa, most relevant to the entertainment industry. The 408 visa has multiple ‘streams’ which have different requirements, including a 408 entertainment stream or 408 Invited Participant stream. Determining the most appropriate ‘steam’ to apply for, depends upon the activities the talent is undertaking in Australia.
 
For the entertainment, sport and media industries, the main factor to determine which visa is appropriate, is whether the purpose of the visit is to perform/play, or partake in promotional activities (although there is a specific sport stream).
 
An entertainment visa would usually be the most appropriate visa for say, bands on tour, a TV producer working on a reality TV series, or a film crew making a documentary. Although a music artist or actor coming to Australia for a promotional visit, that does not involve 'formal' performances, may likely fall under an invited participant steam of the 408 visa. 
 
It is important that the correct stream is applied for, particularly due to the fact the:

• activities covered on each visa are different;
• application processes are different; and
• entertainment stream is assessed in Australia, and the invited participant application is assessed overseas.

Other 408 Visa Streams
While these are usually the most appropriate streams for the entertainment, sports, and media industries, there is also a specific sporting stream which in particular circumstances covers applicants that are elite players, coaches, instructors or adjudicators, or partaking in high level training.
 
There are other streams of the 408 visas that cover superyacht crews, academics/researchers, religious workers, people visiting under “special” government programs and a number of other niche areas such as government endorsed events eg for the Commonwealth Games a specific 408 visa applies for visiting athletes, coaches and support staff.  

​

 Are you an overseas musician or entertainer wanting to come to Australia to perform? Chances are you will need a 408 Temporary Activity Visa (Entertainment Visa) (“408 Entertainment Visa”). Previously you would have required a 420 Entertainment Visa, however a new regime started as of 19 November 2016.

There are very particular requirements that need to be met and evidenced as the Department of Immigration and Border Protection (DIBP) process visa applications under Australian Immigration Law.

Here is a simple guide on the requirements for a 408 Entertainment Visa for musicians and entertainers performing in Australia.

What scenarios could a 408 Entertainment Visa cover?
The 408 Entertainment Visa covers most types of work in the entertainment industry. This includes entertainers or associated production or support staff coming into Australia for performances, studio recordings, media or film production.

THE KEY STEPS IN APPLYING FOR A 408 ENTERTAINMENT VISA
Step 1 – Sponsor/Supporter and Planned Entertainment Activities.
Your performance dates will need to be in placed before you apply for your visa, so you will need to provide us with contracts of engagement, your itinerary and in some circumstances a letter of support.

Every application requires the support of an Australian individual or organisation, which meets the ‘support test’ or ‘sponsor test.’ This is usually the organisation engaging you, or representing your interests in Australia, such as a promoter, venue, record label or booking agent.

You will need a ‘supporter’ or Australian individual or organisation if your stay is for less than 3 months. An approved ‘sponsor’ is only required if your stay is more than 3 months, or you are applying while you are in Australia.

Previously under the 420 Entertainment Visa, an Approved Entertainment Sponsor (who had fulfilled the requirements) was required to provide a nomination application when your application was submitted. This is no longer required under the new scheme, however aspects of these processes have now been incorporated into the new 408 Entertainment Visa.

Step 3 Submissions & Union Consultation
The application will require written submission that your visit will bring a “net employment benefit” to the Australian entertainment industry. You will have to provide evidence of any performing contracts, an itinerary specifying dates and venues of performances and any licences required.

Written submissions to the appropriate union are also required. If you are a musician, you will need to consult the Musician’s Union of Australia (MUA), or if you are a DJ or Tour Manager you will need to consult the Media Entertainment and Arts Alliance (MEAA). The submissions are backed up by supporting documents.

The appropriate union may need to be provided with a variety of documents which may include:

1. Contracts for engagements and/or Letter of Support;
2. Your itinerary;
3. A copy of any qualifications you have to undertake the position;
4. Details of Australian support artists (and other employed Australians);
5. Details of health insurance;
6. Details of worker’s compensation cover; and
7. Evidence that overseas members will receive remuneration and be afforded working terms and conditions including accommodation, travel and transport whilst in Australia.

Depending on the circumstances of your tour, different documents or information may be required to address specific aspects relevant to your application.

Step 4 Entertainment Visa Applications
The final step is completing the visa application for each applicant, which consist of roughly 24 pages of information, and attaching the required documents. We make our applications via our online portal with the Department.
For a basic application, this may include:

1. Copy of your passport;
2. Health Insurance for the period you wish to stay in Australia;
3. Details and documentation from your Australian ‘Supporter’ or ‘Sponsor’;
4. Contracts of employment (eg. booking contracts);
5. Itinerary; and
6. Union consultation approval.

Every person and application is different, so depending upon the particular applicant different documents and submissions may be required. We provide our clients with an easy to follow online form and checklist.

The final application is lodged with the Department of Immigration and Border Protection.

The Government lodgement fee has been reduced under the new changes to $275.00 per person.

This was previously $550.00 per person including nomination fee. The large group discounts have now been removed, however you may be eligible for concession if you are performing for a charitable organization or a government funded event.

Additional Requirements?
There are often additional requirements, and these will not be the same for each person.

For example, if you have (or have had in the past) a criminal history, character issues, significant health conditions such as tuberculosis, or you are from particular countries, you may be required to provide additional documentation. In these instances, your application should be submitted earlier to provide for ample processing time.

Every applicant is required to provide current health insurance for the period they are in Australia. This can be organised in your home country. After the department has viewed your application you may need to undergo a health assessment. This could include chest x-rays or other medical examinations. This is requested by the DIBP and must be done through the appropriate channels.

If you have a criminal history generally your penal records are required and need to be specifically addressed in the submissions.

Depending on the circumstances you may require:

• relevant national penal certificate/s (eg. FBI);
• state penal certificate/s for any state you have lived in for more than 3 months within the 12 months; and/or
• state penal certificate/s for any state you have committed an offence.

How long does it take to apply for a 408 Entertainment Visa?
It is important to apply well in advance of your performance or production schedule.

The departments recommend that you allow 2-3 months for processing.

Considering the 408 Entertainment Visa has only been available for lodgement since 19 November 2016, the exact processing times are hard to determine. We are finding that our online portal has dramatically cut down on all timeframes.

Remember, applying for visa does not guarantee you will be granted one by the Australian Government and a few things need to be done before you apply. If you are applying urgently (less than 2 months) you should contact us and get you materials together as soon as possible.

While we submit urgent application for many tours and promoters, but be aware that you cannot dictate to the Immigration Department how quickly your application should be processed.

How long can I stay in Australia if I am granted a 408 Entertainment Visa?
The Immigration Department will assess applications on a case by case basis. The maximum amount of time you may stay and work in Australia is two years, however it will be granted for the specific amount of time you will be performing or working in Australia. For example, if your performance schedule is for three months you will only be granted a three month entertainment visa, perhaps with some leeway at the end for organizing your departure.

Can I travel in and out of Australia on my visa?
Multiple entries in and out of Australia are permitted if the case officer agrees to grant this. Multiple entries can be difficult but not impossible to obtain. It could be as simple as requiring to fly across to New Zealand for a performance between your Australian tour dates. We would need to specifically outline this in your submissions. Multiple entry users are not granted unless dealt with appropriately and deemed necessary.

Can I do any other work while I am in Australia?
No, you can only undertake the work or activity that is included in your application.

May I bring family members with me?
Yes, you may. However they will also need visas, either as a family member of yours, or under a separate 408 Entertainment Visa if they are working as a member of the touring party.

What if I am under 18?
If you are under 18, please let us know as soon as possible as there are a number of additional steps required.

Can a 408 Entertainment Visa application be rejected?
A visa may be rejected for a number of reasons including character and health issues. Although the Australian government recognises the value of entertainment, overseas acts and film investment, if your application is not done properly it may be rejected or you may have to start the process again.  

If your application does not comply or fulfil the requirements it will be rejected.

On a promotional tour and not performing?
If this is the case, you may be eligible for another stream of the 408 Entertainment Visa – the invited participant stream. If this is the case, please contact us. We can process these applications quite quickly, however many of the same materials are required.

Questions?
Feel free to email us if you have any questions – visas [at] mccormicks.com.au

Entertainment industry visas are the only visas we do, and we are the number 1 experts in the field in Australia with a 100% success rate and have never missed a deadline. The entertainment visas are quite specific so you are in better hands with industry lawyers to ensure its success.

The fees listed above are the fees charged by the Immigration Department. If you are using us or any other qualified agent these fees are in addition. You can see our fixed fee pricing here.

Promoters: For repeat clients and promoters with a large number of applicants each year, our specific fess are calculated on a volume retainer. Promoters should contact Matt to discuss matt [at] mccomormicks.com.au
​

Entertainment Visas to Australia are about to get a whole lot more streamlined with less red tape. But for large touring groups and festivals application fees will increase dramatically. Small groups and individuals will see government fees reduced slightly. The changes are expected to come into effect this November. 19 November is the current date identified.

The changes are a result of public and industry consultation over the last 18 months. Having assisted clients with 420 visas in large numbers, we were very vocally supportive in limiting the red tape that caused clients quite a bit of stress and delay to streamline the process and cut time and paper wastage. The ability to now lodge applications for our clients visas through our online portal will be extremely beneficial for all involved. However the scrapping of the bulk group discount will see massive cost pressures put on large festivals and promoters.  We do not support the abolishing of the group discount being imposed on an already fragile industry.

There will be 4 new visa frameworks which will see five current visas close to new applicantions. Musicians, crew, media, filmmakers and sports people will soon be applying for a new specific visa the “Subclass 408 Temporary Activity Visa”.
Red tape will be substantially reduced and for some activities and clients, the sponsorship and nomination requirement will be removed altogether. We expect this to include 99.9% of music tours, sporting events and most film personnel.
The need for a sponsor in many circumstances will be changed. The abolition of the nomination process could mean that the government costs of a visa may be very substantially reduced (unless the visa application fees are dramatically changed to make up for this loss of revenue).
 
Only some of the proposed changes have been announced. We will be briefed by immigration at the end of September on the new regime. However, for the time being here is a summary of what we know so far:

• Applications will be lodged via our online portal. Currently we are express posting or faxing hundreds of pages to immigration for even the smallest of groups.
• Large group discounts for the government fees will be scrapped with a cost per application imposed across the board.
• Not for profits will now have to pay the government fees. Official charities will remain exempt.
•  A single sponsorship (temporary activities sponsor) would replace six existing sponsorship types across the entertainment (and related) industries.
•  under the new entertainment visas (subclass 408 Temporary Activity visa) :
  1. An applicant would not need a nomination at all.
  2. An applicant would not need to be sponsored if the application is made when the applicant is outside Australia (that is most applicants) and if the stay is for less than three months. Again that’s the majority of music tours, theatre performances, film crews etc.
  3. An approved sponsor would only be required if the applicant is in Australian territory at the time the application is made and/or if the visa is needed for over 3 months. 

The new visa for entertainers would allow entry into Australia for temporary work or a specified activity.
​
This new visa, which will replace the current 420 Entertainment Visa, will cover the following temporary visits:

​New sponsorship process
 After the new laws come into effect, if a client requires Sponsorship approval we will now be able to lodge those applications via our online portal. This will make it easier, quicker and ultimately cheaper for us and our clients.  No more paper forms and faxing.

All existing  420 Entertainment sponsors will maintain their sponsorship for the purpose of the new 408 visa until May 2016. However within 6 months existing sponsors who wish to maintain their approval will need to reapply.  We will see that the vast majority will no longer need to keep their sponsorship approval given that most approved sponsors rarely require over 3 months for specific tours or projects.  For those new sponsors whom we recently obtained Approval Sponsor status, we are not advised if there will be a prorate refund on the 3 year fee, but we will certainly be asking that question.

The new sponsorship regime will also be quite specific, however we will provide more information on this as it becomes available.

Nomination
New entertainers would not require a nomination.

Nominations lodged before 19 November 2016
All existing nominations under the current 420 Entertainment regime lodged before 19 November 2016 would need to be linked to an associated visa application lodged before 19 November 2016.

If you are an entertainment sponsor and have applied or intend to apply to nominate an applicant before 19 November 2016, you will need to ensure that your nominated applicant applies for their visa before 19 November 2016. Otherwise the nomination cannot be used.

All applications for nominations that were lodged before 19 November 2016 would be assessed and finalised under pre-19 November 2016 legislation.
If the applicant is unable to lodge the associated visa application before 19 November 2016, we will be working with our clients to either withdraw any non-finalised nominations as they may not be used under the new proposed legislation.
​
On the whole we expect the new system to be a positive however the streamlined process may not necessarily be positive for urgent late applications and those entertainment visa applications that require character assessments or particular medical examinations.

Following our briefing by the department on the new visa regime that will replace the current 420 Entertainment Visa, we will be updating all our clients.  

Authors Note: "being able to finally process entertainment visas via the portal for Australia is welcomed, so is no longer needing a sponsor nomination for most. Not keeping the group discounts is either a serious oversight or designed to make up for the fee reductions to be provided to small tour groups. Either way it must be addressed; festivals are finding it difficult enough to secure top international talent with the current Australian Dollar. The festival and large promoter industry is far too important to the entertainment industry as a whole and the nation. Festivals are certainly deserving of the bulk discounts given the total economic benefit a single festival can provide to a small region which is where a majority of the major 3+ day events are held." - Matt McCormick  

'Payment for visas' conduct relates to the asking for, receiving, offering to provide, or providng a benefit in return for a sponsorship-related event.
A 'sponsorship-related event' covers a broad range of sponsor and employer-related events including, but not limited to:

• a person entering into a sponsorship arrangement, this includes music tours, festivals, one off shows, and also flim roles. 
• the employment or engagement of a person in work or an activity with the sponsor.

A 'benefit' is defined to include a payment, the deduction of an amount, real or personal property, an advantage, a service or a gift. 
In the 'payment for visas' context, this would cover performance fee deductions and  inflated payments for goods or services in relation to the tour or event. 
Where a 'benefit' is asked for, received, offered or provided in association with a 'sponsorship-related event', this is considered to be participation in 'payment for visas' activity and contravenes the new laws that prevent 'payment for visas' conduct.

Clearly the overall aim is to protect overseas workers from exploitation. The changes relate to all classes of visas requiring a sponsor and this is why the short term 420 Entertainment Visa is captured. The 420's are of much lesser concern to the department of immigration than other long term trade based visas. However in the context of entertainment it is covered to stop sponsors from obtaining 'inappropriate' financial gain through selling of sponsorship for visas. 

Professional services would not ordinarily be captured under these changes as a 'payment' for visas due to the fact that the payment for those services are unlikely to be an 'inducement' to enter into a 'sponsorship-related event'.

The penalties are substantial  - 2 years imprisonment is the maximum criminal penalty or a $64,000 fine. The penalty for a Company  is 5 times the personal penalty equaling $216,000 as a maximum fine.

​ Visas can also be cancelled and the Applicants deported and the sponsors lose their approval to be a visa sponsor again.

Following the introduction of these new laws, Temporary Work (Entertainment) visa (subclass 420) sponsors and visa applicants are required to provide a statement in relation to current or previous conduct that constitutes a breach in ‘payment for visas’ activity.  
 
Until the nomination (1420N) and visa application (1420) forms are updated and republished by the department, sponsors and visa applicants need to complete and sign an interim Certification (sponsor) and Declaration (visa applicant) that the department has provided to us directly. This form needs to be submitted and all future application (until the new permanent are  made public).

Yep another form to be completed....... oh the joys of red tape. 
 
Applications received on or after 14 December 2015 without the Declaration and Certification will be invalid until these documents are provided. Sponsors and visa applicants will be invited to validate the application by providing the documents.  Failure to provide the declaration or certification will invalidate the application.
 
The new forms are expected to be available by the end of January 2016, in the meantime we hold the temporary forms which will be going out to all clients we are currently working with for their entertainment visa applications. All clients are asked to complete them immediately and scan a copy straight back to us with the original posted to us. 

Why?  From our analysis of the information and reports relating to the charges, and breaches of parole, under the Migration Act, the reported acts do not appear sufficient to reject his application based on his 'criminal record'.

Don’t misunderstand us, we are not making any comment regarding the public policy considerations expressed around twitter and the media, nor the seriousness of Brown's past abuse and violence. The test is a legal test and Brown as with anyone will be afforded that test. 

Given the publicity and public interest surrounding Brown’s convictions, breaches of probation and arrests, for Brown it will not be a straightforward application. 

Brown previously gained entry into Australia with a recorded conviction, during which he exhibited no signs of causing a threat to the well-being of the community. While the Department considers a broad range of factors while exercising its discretion the nature of Brown’s parole breaches are unlikely to be fatal to his application.  Further,  Brown’s 2009 conviction will unlikely have a decisive impact on the Department’s decision, and it can be navigated appropriately in the visa application. Brown’s 2013 conviction will be of more significance to the Department than the 2009 conviction.

Brown was denied entry to Canada earlier in the year, that decision is not automatically relevant to this Australian application and nor is the UK decision. It will be dealt with under our Migration Act. 

The Department requires that individuals applying to work, visit or migrate to Australia are of good character as defined by the Migration Act 1958.  In making a determination on whether a person is fit for entry, the Department applies a character test which ultimately decides whether or not a person is granted a visa to enter Australia. 

The Minister and decision makers in the Department have the power to make a decision to grant or refuse a visa on character grounds and this is done on a case-by-case basis. The Minister or the Department have the authority to revoke a visa that has already been granted if it is later established that the person has failed the character test.

A person is deemed to have failed the character test if (for example):

1.  they have a substantial criminal record
   
2.  they have an association with another individual, group or organisation whom the Minister reasonably believes has engaged in criminal conduct
   
3.  they are likely to engage in criminal activities in Australia
   
4. they are likely to harass, stalk, or molest another person while in the country
   
5. they are likely to incite discord within the community, or a segment of the community within Australia
   
6.  they represent a danger to the community, or a segment of that community by being likely to become involved in activities that are disruptive, violent or threatening.

In deciding to grant or refuse a visa, an overriding consideration for the Department is the well being of the community. If there is a possibility that the community or other individuals might face a threat from an applicant, the visa may be denied.

So let’s look at the criminal character  test in relation to Chris Brown.  

As far as the Migration Act is concerned Brown does not have a substantial criminal record as defined by the Act, because Brown has not been:  

1. sentenced to death
   
2. sentenced to life imprisonment
   
3. sentenced to a term of imprisonment of 12 months or more
   
4. sentenced to two or more terms of imprisonment with the total of those terms being 12 months or more
   
5. acquitted of a crime due to insanity or mental impairment.
   

[these are the actual elements a 'substantial criminal record' is assessed against under the Act, 'Substantial  criminal record' is tested under these items, not subjective views of the public]

Notwithstanding this, the Department will still take into consideration the nature of each of his convictions and jail time when assessing the application and will expect Browns team to address these issue to a satisfactory standard.

While Brown has been convicted of a crime, he is not under Australian law automatically disqualified from entry to Australia due to this. 

Whilst there has been a degree of public interest surrounding Brown’s convictions, the breaches of probation and arrests will also attract interest. Provided relevant safeguards (if required) are in place the Department will likely be satisfied that this is not an issue. {Keep in mind this is the likelihood of engaging in 'criminal activity'].   Brown toured a couple of years ago without incident, which will be taken into consideration and in reality will be favourable for his visa application. 

This is very broad and all encompassing. In practice it is often reserved and implemented as a measure to deny those who are suspected of terrorism from entry to Australia. However, there is precedent of this provision being used on a more general basis to deny applicants the right to enter the country.

In addition to the criteria outlined in the Act, the Department refers to set of internal Departmental guidelines when assessing applicants which it deems as being controversial. Such individuals are deemed as being controversial due to their activities, reputation, known record or the cause they represent and propagate:

• vilifies or incites discord in the Australian community or a segment of that community
• represent a danger to the Australian community or a segment of that community
• be contrary to Australia's foreign policy interests.

 
This may provide  basis for refusing the visa however we do not consider that his 420 Entertainment Visa application would fail here.  

Past and Present Character
Of course there is that phrase at section  501, namely subsection 501 (6) (c) where; someone does not pass the character test if .....  [paraphrased] having regards to a persons "past or present criminal conduct or  past or present conduct" they are not of good character.  Unfortunately for all 501 (6) (c) is  widely worded and is the subjective test. There is a Ministerial direction that requires decision makers to take into account "all relevant circumstances of a particular case", including evidence of good behavior. 

The Direction states  factors for consideration of  "a person’s past or present general conduct"

 ‘Not of good character is ’:

1. whether the person has been involved in activities which show contempt or disregard for the law or human rights (such as war crimes, crimes against humanity, terrorist activities, drug trafficking, ‘political extremism’, extortion, fraud, or ‘a history of serious breaches of immigration law’)
2. whether the person has been removed or deported from Australia or another country, and the circumstances that led to the removal or deportation
3. whether the person has been dishonourably discharged or discharged prematurely from the armed forces of another country as the result of disciplinary action in circumstances, or because of conduct, that in Australia would be regarded as serious

The subjective discretion under section 501 (6)  that the Minster is able to exercise will likely be invoked, but a refusal in our view would no be able to sole rely on the criminal character test. It will need to take into account other factors. Potentially a notice will be issued to Brown before the visa is formally applied for advising of the Ministers intention to refuse entry. If that is the case Brown will have 28 days to address concerns raised in the notice.  

On the social side of the debate, a clear and very reasonable argument focuses on the symbolic significance that Chris Brown’s Australian tour will have relating to the acceptability of family violence in society. Conversely a google search displays reports of recent charity work done and also funding provided by Brown for domestic violence programs. Whatever ones stance is on these points, from a legal stand point as it relates to the character test and criminal history under the Migration Act, it is not straight forward that Brown  will fail the test and as there is a strong arguments in his favor. Chances are that he will be entitled under law to be granted an Australia 420 Entertainment Visa, ............ we will wait and see....

• an Australian organisation that is a business, a body corporate or an unincorporated body; or
  
• Government Agency, that is an Australian State or Federal Agency or a foreign government agency who is operating in Australia; or
  
• an Australian citizen, permanent resident or an eligible New Zealander who is resident in Australia.
  

 A sole trader will not be approved as a 420 entertainment visa sponsor. If there are no other options for you we will likely apply for you as an individual or establish you correctly as a company.

As an Australian organisation, you must be able to show that you have a good business record in Australia and of course you must be operating legally.

Each year hundreds of sports people and officials visit Australia to play.  Whether it’s just to train or play for a professional or amateur club, there are various different visas to choose from depending on what you plan on doing during your stay in Australia.  


Visa 421
If you are a sportsperson wishing to enter Australia to play then you will need to obtain a Subclass 421 Sports Visa.  

Who is this visa for?
This visa is for both professional and amateur individuals and teams as well as their coaches, support staff or instructors.  Adjudicators, judges of sport or those entering Australia to participant in a structured sports training program longer than three months are also covered under this visa.

May I bring family members with me?
This visa allows you to bring in members of your family.  If a member of your family wishes to join you in Australia at a later time, they will need to lodge a separate visa application.  A letter from the sportsman’s sponsor must accompany the visa detailing that the Sponsor will be responsible for any family members during their stay in Australia. 

Visa requirements
You will require sponsorship and nomination by an Australian organisation or government agency or a foreign government agency that promotes sport or sporting events.  For example, Tennis Australia or Netball Australia.   Sport Visa applications require an accompanied letter of endorsement from the Sports National Body.

You will also need adequate health insurance whilst you are in Australia.

Sporting bodies have different requirements
Some sporting bodies, for example the Australian Rugby Union (ARU) have specific criteria that need to be fully met before they will endorse a Sport Visa.  For example, for a player to be endorsed by the ARU they must have the ability and eligibility to play at Senior National level.  Alternatively, if they are coming to Australia to train they must be under contract to an Australian club and playing at Senior National level in their own country.  

Contractual players
A Business (Long Stay) visa (subclass 457) is the most appropriate visa for players contracted to a club for a season.  Players can stay in Australia for a period of 4 years.  

Visas for Promotional matches or trials (short stay) Players are eligible for a Business (Short Stay) visa (subclass 456) or ETA Business (Short Stay) visa (subclass 977) for promotional games or trials.   

Only training and not playing?If you are intending to come to Australia for less than three months to undertake limited sports training or play and you are not being paid, a tourist visa maybe more appropriate.  The eVisitor (subclass 651), the Tourist visa (subclass 676) and the ETA for visitors (subclass 976) are other visa options that you may enter Australia on.  

If you intend on playing for a particular club, you will usually only be able to play a maximum of three games on these alternative visas.  

Participating in other sporting activities
Your visa is only for the sport or activity that you have applied for in your visa.  You must not take on any other employment or another sporting activity whilst you are in Australia.  

Maximum Stay 
You may stay in Australia for a maximum period of two years.  

May I leave and re-enter Australia on this visa?
Yes

Question? email visas@mccormicks.com.au 

Are you an overseas musician wanting to come to Australia to perform?  Chances are you’ll need a 420 Entertainment Visa.  

As a Registered Migration Agent that helps touring musicians and bands secure entertainment visas, we see first-hand that to the 
un-initiated, the immigration process can be a slow and confusing maze to navigate.  Here is a simple guide on the specific immigration requirements for a 420 Entertainment Visa for musicians. 

What scenarios could a 420 Entertainment Visa cover?
The 420 Visa is for entertainers or associated staff  coming into Australia for performances, media or film productions. This Visa covers the following types of entertainment:

1. Performer not in Film or Television (Musicians)
2. Performer in Film or Television Production – either subsidised or not subsidised by the Australian Government
3. Production roles other than as a Performer
4. Support staff for an Entertainer or Group of Entertainers
5. Non-Profit Engagements
6. Documentaries and commercials made for a market outside Australia. 

How long does it take to apply for a 420 Entertainment Visa?Visa applications may take up to 2-3 months to process so it is important to apply well in advance of your performance or production schedule. Remember, applying for a Visa doesn’t guarantee you’ll be granted one by the Australian government and a few things need to be done before you apply. If you are applying urgently (less that 2 months) you should contact us as asap. 

The key steps to getting an Entertainment visa

Step 1 – Sponsorship form
You will need someone to sponsor you (or your band) during your stay in Australia. Your Sponsor is required to complete and lodge a 1420S form and the fee (currently $420.00). Your Sponsor will need to provide the Immigration Department with details of their financial status or other supporting documentation. The Department will send an approval letter to the Sponsor. If your Sponsor is approved, you may move to Step 2. 

Step 2 – Nomination form + sponsor cover letter
Your Sponsor will need to nominate the particular entertainment activity you will be undertaking. Your Sponsor will need to complete and lodge a 1420N Nomination Form and pay the application fee (currently $170.00)  

If there are several members in your band wishing to enter Australia, this fee covers every member in the band or crew. Only one nomination fee for the entire band in required. 

A letter outlining what the nominated activity will bring as a ”net employment benefit” to the Australian entertainment industry is needed. You will have to to provide evidence of any performing contracts, an itinerary specifying dates and venues of performances and any licences required. As part of the nomination application, you will also be required to consult with the Musician’s Union of Australia (MUS) who will charge you a fee. MUS will need to be provided with:

1. A copy of the contract between sponsors and musicians;
2. Your itinerary;
3. A copy of any qualifications you have to undertake the position;
4. Your accommodation details whilst in Australia;
5. Details of your direct contact details any other support artists;
6. Details of workers compensation cover; and
7. Evidence that overseas members will receive remuneration and be afforded working terms and conditions including accommodation, travel and transport whilst in Australia.

If you're a DJ the union is the Media and Entertainment Arts Alliance.  

Step 3 – Entertainment Visa application

The final step is where the musician will need to complete the 14 page 420 Entertainment Visa application. The lodgement cost is currently $360 per band member. 

You will need to include the following in your application:

1. A residential address during your stay in Australia
2. A certified copy of your passport showing your photograph and details, and
3. Your health insurance policy for the period you wish to stay in Australia.

All the above forms must be lodged with the Department of Immigration and Citizenship.

Are there any additional requirements or documentation I need to provide?
You will need to provide your own health insurance. This can be organised in your home country. After the Department has viewed your application, you may be required to undergo a Health Assessment. This could involve a chest X-ray or other medical examinations. You may also need to provide a police report. However, you will be notified by the Department if you are required to submit more information.  

How long can I stay in Australia if I am granted a 420 Visa?
The Department will assess applications on a case-by-case basis. The maximum amount of time you may stay and work in Australia is two years and a Visa will be granted for the specific amount of time you will be performing or working in Australia. For example, if your performance schedule is for three months, you will only be granted a three month entertainment visa.  

Can I travel in and out of Australia on my Visa?
Multiple entries in and out of Australia are permitted if the case officer agrees to grant this. Multiple entries can be difficult but not impossible to obtain. It will need to be outlined in your application. The cover letter attached to the nomination form must state why you will need multiple entry rights. It could be as simple as requiring to fly across to New Zealand or for a performance in-between your Australian tour dates. 

Can I do any other work whilst I am in Australia?
No, you can only undertake the work or activity that you included in your application.

May I bring family members with me?
Yes, you may. However, if they want to work they will need their own 420 (or other relevant) Visa.

Can a 420 Entertainment Visa application be rejected?
A visa may be rejected for a number of reasons including character and health. Although the Australian government recognises the value of entertainment, overseas acts and film investment, if your application is not done properly it may be rejected or you may have to start the process again.  

On a promotional Tour and not "performing"?
What we would apply for is a particular  story term business visa.

Questions?
Feel free to email us if you have a question - visas@mccormicks.com.au 

The fees listed above are the fees charged by the Department of Immigration. If you are using us or any other qualified agent these fees are in addition. Our fees are fixed from $880 and are guaranteed to beat any other legitimate price of an agent. Why? Because entertainment visas are the only visas we do and we are the number 1 experts in the field in Australia with a 100% success rate and have never missed an agreed deadline.   

More about our work for our customers seeking visas is here.