Performers, cast, and crew continue to face delays, frustrations and challenges when wishing to work across the EU. The promise of an EU performance visa failed to materialise leaving performers having to apply to each EU member country for work permits and work visas were applicable. It is complex, costly and time-consuming.
The European immigration landscape is varied. Italy and Romania, for example, offer no or limited exemptions or waivers for cast or crew. Austria, on the other hand, offers a work permit exemption for artistic work that applies to stage, film, radio and television allowing individuals to work for up to eight weeks. Germany too will allow performers with ‘special artistic value’ to work for up to 90 days. Special artist value is often a high bar to reach, having to stand out in an international comparison to similar performances.
The Labour Party at its annual conference promised reform. It will look to explore with the EU ways to make it easier for UK performers to work across the EU. But what might that reform look like? The approach adopted by Spain and France would be a good starting point. France offers work permit exemptions for artists and accompanying staff working in audio-visual productions in live performances, film and AV production and distribution, and sound recording allowing them to work for a maximum of 90 days in any 180-day window. Importantly, France offers the same waiver to self-employed individuals, recognising it is commonplace in the creative sector. Spain too offers artists, AV technicians and professionals a work permit exemption for activity in front of audiences or activity to be recorded for dissemination by mass media.
Encouraging the EU or each member state individually to adopt a scheme that echoes the work permit waivers in France and Spain would be a good starting point for the next UK government, benefitting UK performers, crew, and audiences enormously. However, those discussions cannot be one way. Reciprocity will be critical. The UK must offer EU countries the same work permit exemptions for European cast and crew. Only then will everyone benefit.
Kasia Pinska is a practice leader at the global immigration law firm Fragomen. She works with artists, performers, and professionals in the creative industries.
Words: Kasia Pinska
Photo: Fragomen
