- Guide5 of 5
- The lawMigration Regulations 1994, Sch 2, cl 408.229A
- Checked9 October 2026
Bringing cast and crew from overseas: the 408 visa’s entertainment rules
Clause 408.229A of the Migration Regulations 1994 is the entertainment criterion of the Temporary Activity (subclass 408) visa, and it covers seven situations, from a lead role in a subsidised film to work on a documentary for an overseas market. For a performer in a film or television production, the Arts Minister, or a person the Minister authorises, must have provided a certificate, and the sponsor or supporter must have consulted the relevant Australian unions.
General information only, not migration advice. The official place to check is the Department of Home Affairs page on the visa’s Entertainment Activities stream.
The seven situations
Each subclause of 408.229A is one situation. In every one, an eligible sponsor must pass the sponsorship test, or an eligible supporter the support test. The other conditions differ:
| Subclause and who it covers | Arts Minister’s certificate | Net employment benefit | Unions consulted | Licences and itinerary |
|---|---|---|---|---|
| (2) A performer in a film or television production subsidised by a government in Australia | Yes | No | Yes | Necessary licences |
| (3) A performer in a film or television production not subsidised by a government in Australia | Yes | No | Yes | Necessary licences |
| (4) A performer in work not related to film or television | No | Yes | Yes | Licences; itinerary of dates and venues |
| (5) Directing, producing or another part other than performing, in a film, television or radio production to be shown or broadcast in Australia, a theatre production or concert here, or a recording made here | No | Yes | Yes | Licences; itinerary |
| (6) Support staff for profit: assisting a performance or providing personal services to an entertainer | No | Yes | Yes | Licences; itinerary |
| (7) Performing in, or supporting, non-profit engagements | No | No | No | Itinerary only |
| (8) Taking part in making a documentary program or commercial for an overseas market | No | No | No | Neither |
In (2) and (3) the performer must be engaged under a performing contract for specific engagements, other than non-profit ones, in “a leading role, major supporting role or cameo role, or to satisfy ethnic or other special requirements”. Where unions are consulted, the words are that the sponsor or supporter “has consulted with relevant Australian unions in relation to the employment or engagement of the applicant in Australia”.
The two certificates
A subsidised production needs a certificate “confirming that the relevant Australian content criteria have been met” (cl 408.229A(2)(b)). An unsubsidised production needs one confirming two things (cl 408.229A(3)(b)):
“(i) citizens and residents of Australia have been afforded a reasonable opportunity to participate in all levels of the production; and
(ii) the foreign investment, or the private investment guaranteed against the foreign returns by a distributor, in the production is greater than the amount to be expended on entertainers sponsored or supported for entry”
Migration Regulations 1994, Sch 2, cl 408.229A(3)(b)
Both come from “the Arts Minister, or a person authorised by the Arts Minister”. The same Minister certifies the location and PDV offsets; the two decisions are made under different laws.
Crew, support staff and overseas shoots
Subclauses (4), (5) and (6) replace the Arts Minister’s certificate with a different test: the applicant’s activity “will bring a net employment benefit to the Australian entertainment industry”. Subclause (5) is the one for crew on a screen production: it covers an applicant who “will be directing, producing or taking another part (otherwise than as a performer) in” a film, television or radio production “that is to be shown or broadcast in Australia”. Subclause (6) covers support staff who assist a performance or provide personal services to an entertainer engaged for profit.
In each of these, the sponsor or supporter also holds any necessary licences for the activity, and provides an itinerary: the dates and venues for all performances, or for (5) the dates and venues for the production, concert or recording. A crew coming to Australia to make a documentary program or commercial for an overseas market falls under (8), which asks only for the sponsor or supporter.
Sponsor or supporter
A supporter, rather than a sponsor, is possible only where the applicant was outside Australia when applying and stated on the form that the stay would not exceed 3 months.
- An eligible sponsor is a temporary activities sponsor or an entertainment sponsor that is an Australian organisation lawfully operating in Australia, a government agency, or a foreign government agency (cl 408.229A(9)).
- An eligible supporter is an Australian organisation lawfully operating in Australia, a government agency, a foreign government agency, or an Australian citizen, Australian permanent resident or eligible New Zealand citizen (cl 408.229A(10)).
For a production, that means a cast or crew member applying from inside Australia, or stating a stay of more than 3 months, needs a sponsor.
How long, and on what terms
Clause 408.511 caps the period of stay the Minister specifies at 3 months where an applicant outside Australia at grant stated a stay of 3 months or less, and otherwise, for this criterion, at 2 years. A visa granted under cl 408.229A carries condition 8109 as well as conditions 8107 and 8303, and other listed conditions may be imposed (cl 408.611).
The common criteria for every 408 applicant apply too, among them that the applicant does not intend to engage in activities that “will have adverse consequences for employment or training opportunities, or conditions of employment, for Australian citizens or Australian permanent residents”; has adequate health insurance; genuinely intends a temporary stay; and has adequate means of support.