Working in Europe

Work Permits and Visas for Non-EU Citizens in the Events Industry

Temporary Work in Europe

If you’re a non-EU citizen and planning to work in Europe’s events industry on a temporary basis, you must ensure you have the correct work permits or visas. Here’s a simplified guide to the activities allowed for short-term business visitors:

• Meetings and Consultations: You can attend business meetings, conferences, or consultations with associates.
• Trade Fairs and Exhibitions: You can participate in trade fairs to promote your company’s products or services.
• After-Sales or After-Lease Service: If you’re an installer, repair technician, or maintenance personnel with specialized knowledge, you can work on contracts related to servicing or repairing industrial equipment, machinery, or software. This is often in response to warranties or service agreements tied to the sale or lease of the equipment or software.

Always check the specific requirements for your host country, as rules can vary across Europe. Additionally, ensure you have the appropriate documents to enter and work legally to avoid any issues during your visit.

AND on second tab:

Local Labour Laws in Europe: A Guide for Event Industry Workers

Understanding local labour laws is crucial for non-EU workers, especially if you’re in the events industry. The rules differ based on your job role, citizenship, and the local regulations of the European country you’re working in. Here’s a breakdown of key information and insights to help you navigate European labour laws and visa requirements.

Compliance with Local Labour Laws

Compliance with local labour laws depends on the type of work you do and your nationality. Here are some factors to consider:

• Creative Worker Concessions: Some European countries offer concessions for creative workers, allowing them to enter and work without a visa for specific events or roles.
• Brexit Trade Agreement (TCA): UK citizens may rely on permitted business activities under the TCA to work in Europe. Other nationals may also benefit from similar provisions, but each case is unique and requires careful examination based on individual circumstances.

Employment and Work Permit Requirements

The events industry encompasses various job roles, from conference organizers to support staff. Here’s what you need to know:

• Third-Country Nationals: Non-EU citizens employed by a company based outside the EU might need work permits to operate in European countries. Specific exemptions might apply, depending on the type of work.
• UK Citizens: UK workers may be able to leverage permitted business activities under the TCA. However, these provisions can vary across European countries, and interpretation of the laws might differ.

Freelancers and Local Employers

Freelancers in the events industry may have different employment statuses, depending on who hires them:

• UK Companies: Freelancers working for a UK company are typically treated as employees of that company.
• Local Employers: If freelancers are employed directly by a local company in the country where they’re working, they are subject to local labour laws and employer responsibilities.

Permitted Business Activities

Permitted business activities allow certain work without requiring a visa. The TCA outlines several permitted activities, such as attending trade fairs or providing after-sales or after-lease services. However, these provisions are limited, and it’s crucial to understand the exact scope of what’s allowed. Here’s a simplified list of key activities:

• Trade Fairs and Exhibitions: Personnel attending a trade fair to promote their company or its products or services.
• After-Sales or After-Lease Service: Technicians with specialized knowledge needed for repair or maintenance of equipment or machinery.

Exemptions for Creative Workers

In some cases, creative workers and their support staff can work without visas. This exemption might apply to roles like sound engineers, lighting engineers, and stage designers, especially when their work directly contributes to live performances at a trade fair or event. However, these exemptions often require local reporting to authorities.

Seeking Professional Advice

Given the complexity of local labour laws and visa requirements, it’s highly recommended to consult with a specialist immigration service or lawyer. Laws and regulations can change, and interpretations can vary across countries. Legal advice is essential, especially for understanding the nuances of permitted business activities and work permit exemptions.

Disclaimer

This information is provided for reference only and does not constitute legal or immigration advice. Local laws and requirements can change regularly, so it’s best to consult a legal professional for specific guidance.

This information is presented solely for the general purpose of supporting general work in events. It has been prepared in order to assist individuals and organisations in assessing the viability of touring work by UK-based workers primarily in the arts and allied work outside of the UK, and of overseas events workers and artists touring the UK.

We are totally aware that those reading these guidelines will not be experts in this field but to give you as wide an understanding as possible we have given some in depth examples.

Local Labour Laws

In this section you can explore how you can comply with local labour laws relating to some of the specific jobs your workers or you do , and how they differ depending on the job you’re doing. It may be that you can take advantage of local creative worker concessions OR be allowed to enter and work depending on the permitted business activities that were negotiated as part of the Brexit trade agreement.

Within the events industry in particular those engaged in Conferences and non performance events usually employ a wide range of workers , some will or can fall within different allowances for work without the need for a visa as third country non visa nationals. Others ( UK citizens ) within the same organisation may be able to use permitted business activities under the TCA (trade agreement) and this may be true for other nationals but each and all must be viewed individually and always based upon citizenship held. This rights to work in several EU states for a Third country national company employing professional freelancers for events work which may include creative elements from time to time. The scope of these pages focuses on work permit requirements and within these pages these two elements will be addressed separately. We also look at the issue of permitted business activities under the TCA and how this affects the right to work across all of the territories of the Schengen area which encompasses the defined territories as examples below , more in depth looks at other European states can be looked at in depth on request ( fees apply ).

• • Germany
• • France

This information is given to the best of our knowledge to be intact and accurate at the time of writing, however as laws and requirements change regularly, please note advice and links in these pages within those parameters. The information provided in these pages is for your reference only and does not constitute legal or immigration advice, In pursuing work in any of these territories especially if relying on permitted business activities in lieu of work permits to engage a specialist immigration service or lawyer for their opinion as interpretations of local laws and of the parameters of Permitted Business Activities as per the TCA may vary as will the “policing” of local labour law. The main difficulty for UK citizens at the moment is that there is little case law to refer to testing the limits of the exemptions As time goes on no doubt this will ease and become clearer but will still be subject to local territorial nterpretation needing clarification through the EU / UK courts.

Freelancers

The differences between freelancers and OR if employed locally by employers in the country you are working in:

Freelancers and who employs who for events. It should be noted that although many of the people employed can be freelancers, they are in effect employed by a UK company unless they are being paid directly by customers. Thus, their status is that of an employee of the company in this context for the purposes of this employment. If employed directly by your customers, then their status changes and is affected directly by that employers’ responsibilities. If you have a base in Europe there may be advantages logistically in terms of posting workers. When looking at local crew hires where necessary as long as the overheads do not exceed benefits, this may have particular benefit for intra company transfers of staff as per the TCA . We must always stress that this needs to be confirmed by reference to specialist legal advice especially where it may be an advantage to establish an EU presence.

Permitted business activities

Permitted business activities under the TCA

It’s been claimed by some, that for trade fairs / conferences in particular that the following provisions can be used to negate the need for any individual staff work permits. In Europe this exemption only applies in very specific circumstances and not for offering paid services supplying a trade fair / conference simply to provide and support infrastructure.

The argument under E: could be made is weak) that any company engaged in producing Trade Shows were “promoting its services” however though not specifically noted in the TCA this does not mention payment for services and this would likely been seen as secondary to the provisions under E. After sales and after lease also are a stretch in finding an exemption within the work that your company does.

e) trade fairs and exhibitions: personnel attending a trade fair for the purpose of promoting their company or its products or services;

h) after-sales or after-lease service: installers, repair and maintenance personnel and supervisors, possessing specialised knowledge essential to a seller's contractual obligation, supplying services or training workers to supply services pursuant to a warranty or other service contract incidental to the sale or lease of commercial or industrial equipment or machinery, including computer software, purchased or leased from a legal person of the Party of which the Short-term business visitor is a natural person throughout the duration of the warranty or service contract.

Exemptions

In some situations, for some of crew, they can take advantage of different waivers for creative workers AND their support staff.

This element can be used by some workers to create an exemption for example sound engineers / lighting engineers / stage designers whose work has a direct impact on any performances within the context of any trade fair. Those performances whether in music / dance / other activities would usually need to include live performance and not simply video or film presentations. Though the latter could be argued to be to support said performances the argument is weak. It could be argued in these circumstances that the presence of the trade fair employees is essential to these performances taking place and the incidental use of personnel and equipment for supporting the other aspects of the conference is allowed. However, in all cases local reporting is necessary to the authorities for any such work. This can be done by the local customer or the company. For event organisers there may be some arguments possible under local law for employment but these require engagement with local legal advice from employment lawyers.

Exemption Source Materials:

TITLE II: SERVICES AND INVESTMENT
Chapter 1: General provisions
Article SERVIN.1.1: Objective and scope

1.  The Parties affirm their commitment to establish a favourable climate for the development of trade and investment between them.

2.  The Parties reaffirm the right to regulate within their territories to achieve legitimate policy objectives, such as: the protection of public health; social services; public education; safety; the environment, including climate change; public morals; social or consumer protection; privacy and data protection or the promotion and protection of cultural diversity.

3.  This Title does not apply to measures affecting natural persons of a Party seeking access to the employment market of the other Party or to measures regarding nationality, citizenship, residence or employment on a permanent basis.

4.  This Title shall not prevent a Party from applying measures to regulate the entry of natural persons into, or their temporary stay in, its territory, including those measures necessary to protect the integrity of its borders and to ensure the orderly movement of natural persons across them, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to the other Party under the terms of this Title. The sole fact of requiring a visa for natural persons of certain countries and not for those of others shall not be regarded as nullifying or impairing benefits under this Title.

5.  This Title does not apply to: 89

(a)   air services or related services in support of air services6, other than:
(i)  aircraft repair and maintenance services;
(ii)  computer reservation system services;
(iii)  ground handling services;

(iv)  the following services provided using a manned aircraft, subject to compliance with the Parties respective laws and regulations governing the admission of aircrafts to, departure from and operation within, their territory: aerial fire-fighting; flight training; spraying; surveying; mapping; photography; and other airborne agricultural, industrial and inspection services; and

(v)  the selling and marketing of air transport services;

(b)   audio-visual services;
(c)   national maritime cabotage7; and
(d)   inland waterways transport.

6.  This Title does not apply to any measure of a Party with respect to public procurement of a good or service purchased for governmental purposes, and not with a view to commercial resale or with a view to use in the supply of a good or service for commercial sale, whether or not that procurement is ‘covered procurement’ within the meaning of Article PPROC.2 [Incorporation of certain provisions of the GPA and
covered procurement].

7.  Except for Article SERVIN.2.6 [Performance requirements], this Title does not apply to subsidies or grants provided by the Parties, including government-supported loans, guarantees and insurance.

Now we have the heavy duty background material out of the way for the trade agreement, let’s take a look at just two EU countries and what they say about creatives and crew waivers, remember each EU country has DIFFERENT amounts of time for this as allowances .. it just so happens that Germany and France has the same amount of time 90 days in any one year none of the others do.

Specific examples advice for two countries

Germany:

Cultural exemption
(supporting the activities of live artists within the context of a trade fair) 90 days in any one Calendar year . There are some specialist provisions which MAY be applicable …

If there’s no ‘particular artistic value’, go to Section 2:

No permit is needed for:

Section 2: “Persons who are employed at festivals, or musical and other cultural events or who are posted in the context of foreign film or TV productions, if the duration of the activity does not exceed 90 days within a twelve month period;”

If that’s not the case either (no festival or musical/cultural event), go to Section 3: No

permit is needed for:

Section 3: “Persons who participate in daily performances (“Tagesdarbietungen”) for up to fifteen days per year.”

This section is often misinterpreted – many people think that it refers to any type of performance. That’s not the case. In the German Foreign Office’s visa guidelines, the term ‘daily performance’; is defined in detail: it refers to “special” performances that don’t take place in a cultural/artistic context, such as, for example, a dancer performing at a trade fair, or a musician performing at a wedding.

Visa guidelines (in German):
https://www.auswaertiges-amt.de/blob/207816/e025d7a51aa0e20f5567c6f7478c8fd6/visumhandbuch-data.pdf

France:

Cultural exemption
(supporting the activities of live artists within the context of a trade fair only ) 90 days in any one Calendar year

(please note need to report via SIPSI https://www.sipsi.travail.gouv.fr/auth/login), this is a company requirement not directly related to specific visa requirements for its workers and from my reading of the regulations will still be required as it would from any other country even other EU members.

This is not the same as providing a working visa for its workers if necessary (which since Brexit is for the UK and all third country nationals is now required except in exemptions as per creative industries and support staff) This seems to be a specific requirement from France in line with the usual extensive administrative burdens in France from my experience in any form of business activities.

Work permit required : for any other work through usual channels via French Consulate in London.

The bain of everyone’s life national insurance contributions and how to account for them when working outside your home country. This mainly gives advice on UK residents . This being the necessity to have ( or not ) A1 forms ..

To prove social security payments in your country of residence and thus avoid any withholding or fines for non-compliance.

A1 forms are in effect and always were required before leaving the EU , however compliance and enforcement were low. However as with many things this has changed since Brexit. Having left the EU, the rule has been carried over into the Trade Agreement between the UK and the EU and still applies. As third-country nationals, the requirement to have an A1 form is even more important when applying for Visas and work permits.

If working over in the EU then this advice about obtaining an A1 form ( from HMRC ) is as follows.

“When you work less than 5% of your working time in another member state this is classed as marginal activities and an A1 isnt required. If however, you regularly travel to EU member states you may benefit from applying for a portable document A1, working in 2 or more member states. You can apply for this for up to 2 years, and it covers all of the countries you will work in, the application form for this is a CA8421”.

Link for employers here https://www.gov.uk/government/publications/national-insurance-sending-employees-to-work-abroad-ca3821

General advice here for individuals

https://www.gov.uk/guidance/tell-hmrc-about-employees-going-to-work-in-the-  european-economic-area-ca3822

https://www.gov.uk/guidance/national-insurance-for-workers-from-the-uk-working-in- the-eea-or-switzerland

Here you’’ll find details depending on the overview on working in the EU and the new systems coming online which will affect how people enter and how they are LOGGED in and out of the EU and the UK.

Working permit/visa requirements, for UK nationals and all other third country nationals for work within the EU.

NB. if you have legal residency in the EU you may work in only the country you are resident in without any restrictions.

First and foremost, UK citizens will still be able to visit the Schengen area without the need for any visa as long as that visit does not exceed 90 days in any 180-day period. If you’re a British Citizen or another third country national living in the EU. This normally only gives you the right to work in your host state and your country of citizenship.

The same is true for visits to the UK for all third country nationals of which all EU citizens are unless they hold a British passport OR irish passport OR have the right to remain / legal residency in the UK. However it’s important to note that

As of June 2021 UK citizens, the UK, having concluded a deal with the EFTA countries, will now have potentially different access rights for work for creatives/creative workers or others. For clarity, EFTA covers Iceland, Liechtenstein, Norway, and Switzerland.

It’s important to note that regulations are enforced variably across different territories. HOWEVER, we must stress you should ALWAYS abide by and respect local laws and regulations regarding your stay and work in any country.

The EU does not specify generally for individual member states work permit or visa requirements for WORK for third country nationals, which is why there is so much variance between sovereign EU states.

So here you have info on the new systems that will affect you coming in and out of both the UK and EU in terms of border control !  There is a degree of leeway as to how you will be checked, usually by a border guard visually checking passports at the SCHENGEN border and occasionally within Schengen if a country imposes some border checks. It has recently been noted for example that during the Euro football for 2024 that Germany will impose border checks on all its borders during that tournament. (Each EU state can do this depending on security requirements) so there will be less and less “leeway” in terms of checks due to this being automated in future.

ETIAS ( EU system )

This is the new EU system similar to the USA’s ESTA programme and will require third country nationals to register for preauthorisation to enter Schengen, at time of writing this is not in place though is expected to be by the end of 2025. The legal procedures to pass the ETIAS started in 2016.

EES (facial recognition system allied to entry to Schengen) this should be in place by the end of 2024 and will obviate the need for direct document checks ( Passports ) with obvious implications for overstaying or illegal entry. In other words this is normally done via passport checks and visual checks for passport stamps. This is also normally a check for the amount of time 90 in 180-day rule that any individual has spent in the EU Schengen area .. its highly likely that this will integrate in time with databases for work visas thus minimising the possibility of errors allowing overstays not being picked up.

UK govt. backlink : https://commonslibrary.parliament.uk/the-eu-entry-exit-system-and-eu-travel- authorisation-system/

ETA system ( UK entry preauthorisation ) this is in effect the same as the EU ETIAS system and although currently in the early stages of use ( March 2024 ) will eventually be rolled out for all non UK citizens. At the moment very few countries are required to have its citizens apply for pre entry
cleaerance ..

see here for current link to UK govt website . https://www.gov.uk/guidance/apply-for-an-electronic- travel-authorisation-eta

Carnets: Moving equipment for the event across external borders Do I need a Carnet? And why?

Q: Do I need one when moving ANY equipment as defined below between the UK and the Schengen area across the Schengen area border? As either a UK citizen visiting the EU or an EU citizen visiting the UK .. this includes for the events industry all equipment such as staging PA systems / Lighting / Control systems / Computer systems in fact just about everything needed to put on an event. Please also remember that if your intention was to leave anything over the border this has NO effect on declaring to customs as the goods are in effect exported and as far as customs are concerned at both points you may be going to sell those goods.

A: Yes this is recommended as the easiest widely accepted method of navigating customs regulations for temp export import of goods

For musicians ONLY

Q: Is there any way of legally avoiding a carnet as I only have my instruments with me?

A: Yes, use the “portables” exemption, this being the ability to “walk through” a customs channel with your instruments and “making a customs declaration by conduct” (this means just walking through with the instruments; you do not have to orally declare them). For this to be effective you have to OWN AND ACCOMPANY the instruments or goods you are carrying. As of May 2023 this advice has been expanded to include this link , note page 54 of this official advice from the EU.

LINK:  https://taxation-customs.ec.europa.eu/document/download/1bdaa892-93fe-4809-93e7-7ead3ea5ebb0_en

Musical instruments carried by travellers, whether for professional or personal use, can be declared for temporary admission by simply going through the green or ‘nothing to declare’ channel once they arrive in the customs territory of the Union from a third country/territory. In the case of accessories such as an amplifier or a microphone, as these items would be required to make the instrument produce a sound, they would be eligible for temporary admission as ‘musical instruments’, provided such accessories are carried by the traveller together with the musical instrument”

And the UK…
https://www.legislation.gov.uk/uksi/2018/1248/regulation/24/made

REMEMBER, anything other than this are in a grey area such as pedal boards etc. please remember that you MUST accompany your own instruments not use a carrier as this invalidates this advice. Please do remember to check any changes before travelling, but these are, as far we can find, as per our usual disclaimer, the latest information.

FOR EVERYONE

Q: Will I need to show this at each border inside the EU?

A: No, unless in exceptional situations where an internal border has been closed and thus controlled.All of Schengen is normally without border control, except for Switzerland, Norway and Liechtensteinand some other states who only apply part of the Schengen provisions; they may require sight of your carnet.

Q: What is a Carnet?

A: Carnet is a “passport for goods”, (NOT MERCHANDISE FOR SALE )If you are moving professional equipment (such as musical instruments, backline, video/photographic equipment, exhibition goods) between UK and EU on a temporary basis (for a concert tour, for example), you will need to declare them to Customs using an ATA Carnet. This document acts as a

Cabotage for events companies.

Firstly, it is important to note that cabotage rules are in place for both the transport of passengers and the transport of goods, but the two sets of rules are different. These rules are general regardless of the purpose of the movements in terms of for example theatre groups / dance groups / events and conference organisers.

The transport of goods title in the road transport chapter of the TCA applies to the transport of goods by road with a commercial purpose. The provisions on market access in Article ROAD.4 only apply to road haulage operators using a vehicle as defined in Article 3, which provides that the vehicle must be used exclusively for the transport of goods. As a result, the transport of goods for a commercial purpose on a vehicle used for the carriage of passengers and goods is not permitted.

As you know, the transport of goods title allows UK hauliers to undertake unrestricted bilateral journeys to and from the EU, and unrestricted transit through the EU to a non-EU country. It permits up to 2 additional movements within the EU after a laden international journey from the UK (either cabotage or cross-trade, with a maximum of one cabotage movement.

The transport of passengers title provides for some additional rights in addition to what is provided by the Interbus Agreement. Article X of this title sets out that it applies to the occasional, regular and special regular transport of passengers by coach and bus.

Together with the Interbus Agreement, the transport of passengers title allows UK passenger transport operators to run international services to and from the EU and other Contracting Parties to the Interbus Agreement. There is a key difference in how cabotage rules apply to passengers as compared with goods. In the context of passenger transport, cabotage refers to the movement of passengers between two or more locations within a territory other than the territory in which the operator is established. If a UK bus operator takes a group of passengers from the UK on a tour of 10 different cities in France, that would not constitute cabotage as the passenger list stays the same throughout – they are not moving passengers between locations in France but rather moving passengers from the UK through multiple locations in France and returning them to the UK. Such journeys are considered "closed-door" services, which, while comparable with the haulage tours for cultural events we have been discussing, benefit from a different interpretation of cabotage. If the same operator were to pick up additional passengers in Paris and take them to Lille however, that would be a cabotage movement.

The transport of passengers title allows cabotage for services between Northern Ireland and the Republic of Ireland only. For services operating between the UK and continental Europe, cabotage is not allowed. An example of how this might affect tour operators is the scenario in which a UK bus carrying band members and crew from the UK on a European tour. As long as all passengers board the bus in the UK, and no additional passengers are picked up within the EU, the bus will be able to make as many stops in the EU as it likes. If, however, half way through the tour, some additional musicians fly to a destination within the EU and join the bus – any further movements with that passenger on board will be considered cabotage and will not be permitted.

So to answer three questions: which though applicable mainly to arts and creatives are also valid for others particularly in the events industry.