Monday, 30 April 2012

What visa can I use to bring performers and crew to New Zealand?

A work visa under the Specific Purpose or Event immigration instructions can be applied for by entertainers, performing artists (including musicians, actors, extras, presenters, on screen contestants), associated support personnel, film and video production and post-production crew, producers and directors. 

 

For more information, an application form and guides, please see www.immigration.govt.nz/entertainers.

What is the objective of Specific Purpose or Event work instructions?

The objective of the Specific Purpose or Event Instructions is to facilitate entry to New Zealand for a specific purpose or event for which the applicant has demonstrated skills, expertise or attributes that are likely to benefit individuals and/or New Zealand and where there is no risk of a negative impact on opportunities for New Zealanders.

 

Entertainers, performing artists, screen production crew and associated support personnel, who intend to engage in any form of private or public performance in New Zealand or work on any film or video production in New Zealand, are considered to be undertaking work for a specific purpose or event.

What are the current rules?

Temporary workers in the entertainment, music, film and television industries who intend to be in New Zealand for a specific purpose or event (such as an acting or production role in film or television, or taking part in a music or dance tour or event) need to apply for a work visa. All such applications must be referred to the relevant industry guild or union:

• the New Zealand Film and Video Technicians’ Guild,
• the Screen Production and Development Association,
• the Screen Directors’ Guild of New Zealand,
• New Zealand Actors Equity,
• The New Zealand Actors Guild, or
• the musicians’ branch of the Service and Food Workers Union.

New Zealand companies unable to fill roles within New Zealand can apply in advance for ‘approval in principal’ to recruit staff from overseas. This also requires referral to the relevant professional association, guild or union.

What has changed?

From 30 April 2012 there will be a streamlined process, without any guild or union referral, for applicants whose engagement in New Zealand is:

• for 14 days or less; or
• on an official co-production; or
• with an accredited company.

Applications that fall outside these criteria will be subject to the same industry-led labour market testing that currently applies.

What is the criteria for Entertainment Industry Accreditation?

New Zealand companies who seek to engage entertainment industry personnel will be able to apply in advance to Immigration New Zealand to become accredited. 

To qualify for accreditation, you’ll need to show that your business:

• is in a sound financial position
• has a sound industry track record including knowledge of the industry sector in which they operate, and
• has a demonstrable commitment to training and employing New Zealanders, and
• has good workplace practices.

The relevant guild(s) and/or union(s) will be consulted as part of consideration of applications for accreditation.

For more information, guides and the application form, please see Entertainment industry accreditation.

What is the consultation process for professional associations, unions, and guilds?

Immigration New Zealand will consult with relevant unions, guilds, or professional associations when determining whether the applicant company has met the accreditation criteria.

 

You must send a completed copy of sections A, C and G of the Entertainment Industry Accreditation application form and associated supporting documentation to all the relevant professional associations, unions and guilds at the same time you submit your application to the Business Migration Branch (BMB).

 

See the relevant professional association, guild and union contact details.

 

The BMB will confirm that this information has been received by the relevant professional associations, unions and guilds. Failure to submit this information will delay the processing of your application.

 

The relevant professional association, union or guild, will have 10 working days to provide feedback/comment to BMB.  Feedback can be submitted to accreditationfeedback@dol.govt.nz.

How does an entertainer, performing artist or crew member apply for a Specific Purpose or Event work visa?

The visa applicant (or their representative) must fill in the Performing Artists, Entertainers and Entertainment Industry Personnel Work Visa Application (INZ 1187) PDF [882 KB]. 

 

The visa applicant must be of good health and character and have an offer of employment/contract or position in New Zealand.

 

Applications should be lodged at your nearest Immigration New Zealand branch or receiving office. For application fees, see our office and fee finder.

 

The visa application must be accompanied by the Supplementary Form completed by the employer, production company or promoter.

What is the Supplementary Form?

The Supplementary Form is attached to the Performing Artists, Entertainers and Entertainment Industry Personnel Work Visa Application (INZ 1187) PDF [882 KB].  It must be completed by the employer, production company or promoter. The form requires basic information about the visa applicant(s) as well as details of the production or performance. 

The employer, production company, or promoter must indicate under which criteria they wish to bring the visa applicant to New Zealand and list the supporting evidence and information provided.  A copy of the Supplementary Form and any accompanying evidence must also be sent to the relevant professional association, union or guild unless your worker’s contract in New Zealand:

• is for 14 days or less, or
• will be undertaken on an official co-production, or
• your company holds entertainment industry accreditation.

Who should complete the Supplementary Form?

The form should be completed by the relevant New Zealand-based or overseas employer, production company or promoter.

What if I want to bring multiple people to New Zealand?

Employers, production companies or promoters who are offering multiple roles and/or positions for the same production or performance should complete ‘Section K: Individual information’ of the supplementary form for each applicant. 'Section L: Production information’ only needs to be completed once for the same production or performance provided the applications are submitted together.

What evidence do I need to supply?

Employers, production companies or promoters must demonstrate in the Supplementary Form how the following criteria have been met (and provide evidence where necessary).

a. The applicant is of international distinction or merit, or particular ethnic significance, or is manifestly essential to the presentation or production
Examples of evidence which demonstrates that this criterion has been met may include:

• international recognition of the applicant
• key cast/crew who are manifestly essential, through
  • contingent financing and/or distribution, eg demonstrated by written confirmation from a sales agent, distributor, key investor
  • travelling documentary, serial production, television commercial, tour
• specialist skill/expertise of the applicant and why that cannot be found in New Zealand
  ethnic or cultural significance of the applicant and why that cannot be found within New Zealand.

b. The applicant’s employment does not put at risk the employment of New Zealand entertainers or professionals in equivalent work unless the wider benefits to be obtained from the applicant’s employment outweigh the loss of job opportunities for New Zealanders.

 

Examples of evidence which demonstrates that this criterion has been met may include:

• creating training opportunities for New Zealanders
• the wider economic benefits of the production, for example approximate spend in New Zealand, additional jobs created, and how the employment will help grow the industry
• cultural (or other) benefits of the applicant’s employment.

You must show that these wider benefits relate specifically to the applicant’s employment and would not arise without that employment.

 

c. The employer, production company or promoter has given appropriate consideration to employing available New Zealand entertainers or professionals.
Examples of evidence which demonstrates that this criterion has been met may include:

• Actors: evidence of a bona fide casting round, including the casting brief, the number of New Zealand actors auditioned, names of agencies used, and the reason why the international actor is preferred. If there was no casting round, you need to explain why not.
• Directors: evidence that New Zealand directors were given an opportunity to pitch and the reason why the international director was preferred. If New Zealand directors were not given the opportunity to pitch, you need to explain why not.
• Film and television crew members: evidence of how many New Zealand technicians were considered for positions, which crew booking agents were used, which online crew databases were used and the reason why the international crew member is preferred. If there has been no consideration of New Zealand crew members, you need to explain why not.
• Musicians: whether New Zealand musicians were considered for participation (including as support acts)? If employing New Zealanders (including a support act) was not considered, you need to explain why not.

It is not necessary to list the names of New Zealanders considered.

How do I send the Supplementary Form to the relevant professional association, union or guild?

Contact information for the relevant professional association, union or guild can be found at www.immigration.govt.nz/entertainers. These organisations’ websites may also have specific information on how evidence should be forwarded to them.

Can I still provide a letter of support from the relevant professional association, union or guild with the visa application if I prefer this arrangement?

If a letter of support from the relevant professional association, union or guild is submitted with the application, it will be assumed that there is no objection and that the application can be processed immediately (with no three-day period for guild consideration).

What happens if the professional association, union or guild objects to the application?

As happens under the previous practice, if after further consultations between both parties there is no successful result, the visa application will then be decided by the Minister of Immigration.