Policy paper

UK-Norway, Iceland, and Liechtenstein FTA: joint declaration on culture and entertainment

Published 16 July 2021

1. The Parties recognise the important cultural contribution of touring artists and entertainers, including touring musicians, from the EEA EFTA States and the United Kingdom, and the benefit of transparency as regards the entry routes that allow touring artists and entertainers to continue to perform in each Party.

2. To this end, and without prejudice of the rights of each Party to regulate the entry of natural persons into, or their temporary stay in, that Party, the Parties set out in the Annex to this declaration existing entry routes for touring artists and entertainers.

Annex to the joint political declaration on culture and entertainment

Non-binding clarification on entry routes to the United Kingdom for touring artists and entertainers

This sets out an outline of the current entry routes to the United Kingdom (UK) for touring artists and entertainers. The UK reserves the right to change its immigration rules regarding touring artists and entertainers at any time, and persons wishing to enter the UK for this purpose should consult the UK’s most up-to-date immigration rules before seeking entry. The UK’s Immigration Rules can be found here.

The UK recognises the importance of facilitating the temporary movement of touring artists and entertainers. To deliver this, the UK operates two entry routes for touring artists and entertainers within its immigration system. These routes accommodate the flexible requirements of touring artists and entertainers and meet a range of different needs.

The two routes are:

(a) the Visitor route, which permits certain performing and supporting activities for up to 6 months, or 1 month for Permitted Paid Engagement, without requiring a visa or a separate work permit for nationals of Norway, Iceland, and Liechtenstein; and

(b) the T5 (Temporary Worker) Creative or Sporting Worker route, which permits engagements for up to 12 months, (including a separate option of up to 3 months visa free entry for nationals of Norway, Iceland, and Liechtenstein), and with the possibility of an extension for a further 12 months if still working for the same sponsor.

Detailed information:

Standard Visitors: This route allows visitors to stay in the UK for up to six months and undertake a wide range of activities. These activities are set out in the UK’s Immigration Rules (Creative). For touring artists and entertainers, the permitted activities are:

An artist, entertainer, or musician may:

(a) give performances as an individual or as part of a group; and

(b) take part in competitions or auditions; and

(c) make personal appearances and take part in promotional activities; and

(d) take part in one or more cultural events or festivals on the list of permit free festivals in Appendix Visitor: Permit Free Festival List.

Personal or technical staff or members of the production team of an artist, entertainer or musician may support the activities listed above or those listed below under Permitted Paid Engagement provided they are attending the same event as the artist, entertainer or musician, and are employed to work for them outside of the UK.

Standard Visitors must not directly receive payment from a UK source for any activities undertaken in the UK, however, they can continue to be paid by their employer whilst in the UK. An exception to this rule is if touring artists or entertainers are taking part in one of the Permit Free Festivals listed in the UK’s Immigration Rules. More than 50 long-established festivals and events which contribute to the UK’s cultural diversity are included on this list. These festivals can invite international entertainers and musicians to take part in their event and pay the international Standard Visitors for their participation. Other exceptions to this rule include:

(a) receiving payment for reasonable expenses to cover travel and subsistence;

(b) collecting prize money; and

(c) billing a UK client for their time in the UK, where the touring artist or performer’s overseas employer is contracted to provide services to a UK company and the majority of the contract work is carried out overseas. The payment must be lower than the amount of the touring artist or performer’s salary.

For more information on exceptions, please consult the UK’s Immigration Rules (prohibited activities and payment requirements for visitors).

Permitted Paid Engagement Visitors: To create further flexibility for touring artists and entertainers, visitors can, in specific circumstances, undertake engagements for up to one month for which they can receive payment from the UK-based organisation that has invited them. Further information can be found in the UK’s Immigration Rules (additional eligibility requirement for visitors coming to the UK for Permitted Paid Engagements). Permitted Paid Engagement Visitors are not eligible to use automated e-Passport gates. For touring artists and entertainers, such permitted engagements are:

…a professional artist, entertainer, or musician coming to carry out an activity directly relating to their profession, where they have been invited by a creative (arts or entertainment) organisation, agent or broadcaster based in the UK.

The Standard and Permitted Paid Engagement visitor routes do not require nationals of Norway, Iceland, or Liechtenstein to obtain a visa or a separate work permit before entering the UK. However, visitors may be asked to demonstrate that they are entering the UK for the stated purpose of their visit, that they intend to leave the UK at the end of the visit, and have sufficient funds to cover all reasonable costs in relation to the visit.

For those entering the UK to undertake Permitted Paid Engagements, a formal letter of invitation from a UK-based organisation is required to demonstrate that the engagement or engagements have been arranged before the person travels to the UK, the visitor must be aged 18 or above, and the engagements must relate to their area of expertise and occupation overseas. For multiple engagements, the visitor will need an invitation from a single UK-based organisation who accounts for the different engagements. More specific information on these requirements can be found in the UK’s Immigration Rules (additional eligibility requirement for visitors coming to the UK for Permitted Paid Engagements).

Temporary workers: Touring artists and entertainers and their entourage seeking entry to the UK for a more extended engagement or series of engagements can do so under the T5 (Temporary Worker) Creative or Sporting Worker route. Further information about this route can be found in the UK’s Immigration Rules.

A touring artist or entertainer seeking entry under this route must obtain a Visa and a Certificate of Sponsorship. To obtain this Certificate of Sponsorship, they must be sponsored by a UK entity licensed by the relevant UK authority (UK Visas and Immigration) for this purpose.

Visas are valid for up to 12 months, which can be extended by a further 12 months in the case of some touring artists or entertainers. Holders may leave and re-enter the UK without renewing their visa each time. Nationals of Norway, Iceland, and Liechtenstein may enter the UK on this route without applying for a visa in advance and stay for up to three months, provided they hold a valid Certificate of Sponsorship that has been assigned by a licensed sponsor. Touring artists or entertainers entering the UK under this concession are not eligible to use automated e-Passport gates and must see a Border Force officer upon arrival.

A sponsor can be an entity operating in the creative sector that has obtained a valid licence from UK Visas and Immigration. This could be, for example, an events organiser, a producer, a venue, an agent, or a promotion company. When assigning a Certificate of Sponsorship, sponsors guarantee that the touring artist or entertainer will comply with the conditions of their entry clearance, permission to enter or permission to stay. Sponsors of those on this route must comply with the relevant Code of Practice in the Immigration Rules, where one exists for the creative occupation. If there is no Code of Practice, the sponsor must show that the work could not be carried out by a settled worker. This could be through having advertised the post, or by virtue of the creative worker being who they are, for example, a musician with international status, or a member of a unit company.

Under this route, touring artists and entertainers can receive payment directly from a UK-based source. While no salary threshold exists, sponsors are expected to declare salary arrangements on the Certificate of Sponsorship. It is expected that touring artists and entertainers are paid in accordance with the UK’s National Minimum Wage rate to which they are entitled by law in force at the relevant time, but in some circumstances, exceptions to this may apply.

Non-binding clarification on entry routes to Iceland for UK touring artists and entertainers

This sets out an overview of current immigration routes to Iceland for UK touring artists and entertainers. This is a non-binding clarification on entry routes and may be subject to amendments in the future. British citizens should therefore visit www.vinnumalastofnun.is/en for updated information.

As of 1 January 2021, the European Economic Area (EEA) Agreement, which allows free movement of workers, no longer applies between Iceland and the United Kingdom. Nevertheless, there is a strong interest in maintaining these important cultural links to the extent possible.

1. Stay without requirement of a residence or work permit

In Iceland, according to the current legal regime, UK touring artists and entertainers and their technical crews undertaking performances, showcases or other endeavours directly related to their artistic profession in Iceland may be allowed to work in Iceland for up to 90 days per calendar year and, with the exception of instrumental performers who enter into jobs in catering establishments^{[footnote 1]}, they are exempt from work permit or residency requirements (see Article 23 of the Foreign Nationals’ Right to Work Act, No. 97/2002). They must, however, notify the Directorate of Labour of their work in Iceland before it commences. Notification is free of charge. Longer stays will be subject to relevant rules and legislation on the right of foreigners to stay and work in Iceland. Further information on the right to work in Iceland and exemptions from work permit requirements due to short-term projects can be found on the Directorate of Labour’s website (www.vinnumalastofnun.is/en). Further information on the right of foreigners to enter and to reside in Iceland can be found on the website of the Directorate of Immigration (www.utl.is/en).

2. Stay with requirement of a residence and work permit

UK touring artists and entertainers who wish to engage in performances, showcases or other endeavours directly related to their artistic profession for longer than 90 days per calendar year may fall under the scope of either Article 8 or Article 15 of the Foreign Nationals’ Right to Work Act.

Article 8 is applicable to artists and entertainers that engage in a direct employment relationship with a domestic employer such as a theatre, music school or artistic company etc. An artist applying under this route may be required to provide confirmation of their artistic training or competences and the employment contract must be in line with Icelandic labour law.

Article 15 is applicable for artists and entertainers who wish to remain in Iceland due to professional engagement for longer than 90 days but will remain on payroll with their original employer and are renumerated as such. This is an option for visiting artists, such as musicians, actors and conductors. Film actors and accompanying crew that remain in Iceland for over 90 days are an example of this.

Non-binding clarification on entry routes to Liechtenstein for touring artists and entertainers

This document sets out an overview of the current entry route to Liechtenstein for touring artists and entertainers. Liechtenstein reserves the right to change its immigration rules regarding touring artists and entertainers at any time, and persons wishing to enter Liechtenstein for this purpose should consult Liechtenstein’s most up-to-date immigration rules before seeking entry.

In Liechtenstein, according to the current legal regime, touring artists and entertainers from the United Kingdom (UK) as well as their technical crews giving performances in Liechtenstein fall within the provisions on cross-border supply of services (see Article 12 of the Foreigners Act, Law Gazette 2008 No. 311, as last amended). Therefore, they may be allowed to work in Liechtenstein for up to 8 days within a time period of 90 days. UK nationals seeking to enter Liechtenstein for the purpose of cross-border supply of services do not require a visa. However, Liechtenstein reserves the right to levy a visa requirement on non-UK nationals.

The supply of a cross-border service shall be subject to the requirement of notification. The notification shall be made at the Migration and Passport Office no later than two business days prior to the supply of the service. The notification has to be submitted using a form and is subject to fees.

If the UK artist or entertainer is not self-employed and her/his employer acts as posting company, an additional notification is required in order for the competent authorities to ensure compliance with all requirements regarding work and social security measures. The notification has to be submitted using a form at the latest nine days before the supply of the service in accordance with the Posted Workers Act.

Apart from these rules, there is an exception from the requirement of notification to the Migration and Passport Office, but only if the person is providing the cross-border service in Liechtenstein in a relatively small scope and for a very short period of time. This exception concerns the participation in or conduct of cultural events in the fields of music, dance, theatre or cabaret and comparable fields that take place within the framework of a longer tour in which the event in Liechtenstein is only of minor importance (one stop among many others) and insofar as the artist or entertainer has to perform his/her work for the major part of the tour.

Further information on the cross-border supply of services in Liechtenstein may be found on the website of the Migration and Passport Office:

• www.llv.li/inhalt/117650/amtsstellen/dienstleistungserbringung-gdl

and on the website of the Office for Economic Affairs:

• www.llv.li/inhalt/118692/amtsstellen/grenzuberschreitende-dienstleistungserbringung-gdl

Non-binding clarification on entry routes to Norway for touring musicians, performers and artists

This sets out an outline of the current entry routes to Norway for touring musicians, performers, artists and Norway reserves the right to change its immigration rules regarding musicians, performers, and artists at any time, and persons wishing to enter Norway for this purpose should consult Norway’s most up-to-date immigration rules before seeking entry. The Norwegian Immigration Rules, at the time of publication of this declaration, can be found here.

1. Stay without requirement of a residence permit

Normally, nationals of countries outside the EU/EEA must apply for a residence permit for work purposes in Norway, see section 2 below. In some cases, you do not need a residence permit if you plan to work in Norway.

Touring musicians, performers, artists and their support staff do not need a residence permit if they are to have concerts or performances in Norway for a total of maximum 14 days during a calendar year^{[footnote 2]}.

In order to be covered by this rule, it is a condition that the main purpose of the stay in Norway is cultural dissemination, for example, through music, dance, theatre or similar. Days that the foreign national spends practising, on rehearsals or similar, and therefore not directly on disseminating culture, are not included in the calculation. The stay in Norway can therefore last for up to 90 days in any 180-day period, in accordance with the rules set out in the Immigration Regulations regarding visa. Please note that previous stays in the Schengen area without a residence permit can have a bearing on the duration of the stay in Norway.

A foreign national who comes to Norway must have a passport or other identity document that has been recognised as a travel document.

The above mentioned group must notify the police in writing before they enter Norway. The notification can be given in an e-mail to the responsible Police District in question. Such notification may also be given by an employer, organiser, tour guide or other responsible person.

If the plan is for the foreign national to stay in Norway for several short periods for the same purpose, this should be stated in the notification submitted in connection with the first entry. If the other periods during which the person in question will be working in Norway are stated, the duty to report can be deemed to have been fulfilled for these subsequent stays.

For more information on exceptions, please consult Norway’s Immigration Rules.

2. Stay with requirement of a residence permit

Touring musicians, performers, artists and accompanying necessary support personnel who are going to work in Norway for more than 14 days during a calendar year must apply for a residence permit.

(a) Skilled worker route

An applicant who meets the requirements for a residence permit as a skilled worker can apply for skilled worker-permit. There is a condition that the applicant must have an ordinary employment relationship with a Norwegian employer.

(b) Touring musicians, performers, artists or accompanying necessary support staff route

Most applicants who come to Norway are contracted by one or more principals in Norway to perform assignments of a limited duration. The residence permit covers the temporary employment relationships/assignments.

Documentation requirements

Find out about the documentation requirements here.

Place of application

As a rule, applications for a residence permit must be submitted through a Norwegian embassy or consulate in the applicant’s country of origin, or through a Norwegian embassy or consulate in the country in which the applicant has held a residence permit for the past six months. In general, a residence permit must have been granted prior to the foreign national’s entry into Norway. It is therefore not possible to enter and submit an application from Norway. Nor is an applicant permitted to submit an application at a Norwegian embassy or consulate and then enter Norway. An applicant can submit an application from Norway in exceptional cases.

Contract for an engagement

The applicant must present a contract for an engagement for a specific, continuous period of time, for one or more employers or principals. The contract must be signed by both parties. It must also regulate rights and obligations between the parties, including working hours, place of work and pay/remuneration, and any supplements in the form of, for example, free board and lodging.

The pay and working conditions must not be inferior to those stipulated in the current collective agreement or pay scale for the industry in question.

If no collective agreement or pay scale exists, the pay and working conditions must not be inferior to what is normal for the occupation and place concerned. Normal pay in this context means the pay earned by Norwegian employees or contractors. As a rule, only monetary compensation is deemed to constitute pay.

Full-time employment

As a rule, the employment must concern full-time work. The working hours of musicians and dance bands must be at least 21 hours a week in order for the work to be considered full-time employment.

About ‘gaps’ in a series of contracts

It will often be the case that musicians have a number of contracts for musical performances. In some cases, there will be ‘gaps’ in a series of contracts, i.e. periods between jobs where the musician has no musical performances. However, a residence permit can still be granted for the whole period, provided that such ‘gaps’ do not account for more than 20 per cent of the total period of residence.

Subsistence and accommodation

It is a condition for being granted a residence permit that the applicant is assured means of subsistence. Subsistence is deemed to be assured when the foreign national will receive sufficient income from employment. Income from full-time employment is usually considered sufficient, but this income should be at least 2,5 times the basic amount in the Norwegian National Insurance Scheme (G^{[footnote 3]}) if there is no collective agreement or pay scale for the occupation or industry.

It is also a condition that accommodation is guaranteed. This means that the foreign national has the use of a house, flat, bedsit or similar that satisfies official requirements.

The content and validity of the permit

This type of residence permit can be granted for up to one year. The permit’s validity will not exceed the period applied for or the duration of the contract(s). The permit is linked to the work and place of work stated in the contract(s). The permit does not form the basis for a permanent residence permit.

Reporting to the police and implementation of the permit

The foreign national must report to the police within seven days after entering Norway. The police in the district where the foreign national first works are to issue the permit for the whole period for which the foreign national is to work in Norway.

Changing or taking over contract

The residence permit is granted on the basis of contracts submitted with the application. In special cases, the UDI can consent to the foreign national changing contracts or taking over contracts within the period of validity of the residence permit in order to fill gaps in the series of contracts, without requiring a new application to be submitted.

Change of tour itinerary

Musicians, performers and artists on tour, and circus and fun fair employees can be allowed to make changes to their tour itinerary if reasonable grounds so indicate. The request is submitted in the same way as for a change of contract, but must be submitted at the latest two weeks before the changed assignment is to take place.

Renewal of a permit

The residence permit granted can be renewed within the one-year time frame.

Disqualification period following ended period of residence

A foreign national who has been granted a residence permit must be absent from Norway for a period of three months before a new permit can be granted under the same provision.

Family immigration

Residence permits may be granted to the closest family members of a foreign national who has been granted such residence permit.

1. Instrumental performers who enter into jobs in catering establishments would need to apply under section 2 (stay with requirement of a residence and work permit), depending on the nature of the work and length of stay. ↩

2. In light of the new Free Trade Agreement the UK and EFTA/EEA states [done on/signed] [DATE], Norway shall extend this maximum length of stay to 90 days in any 180 day period for UK nationals, no later than 1 year after the entry into force of said Agreement. ↩

3. As per 1 May 2020, 101 351 NOK. ↩