Short-term employed artistic activity to secure an overall artistic production
Exempted from authorisation are:
- Foreign concert or stage artists or members of the professional categories of acrobatic artists, film, radio and TV artists or musicians, who are employed for 1 day or (up to) 4 weeks in the context of an overall artistic production, provided the activity serves to secure a concert, an event, a performance, an on-going film production, a live radio or TV broadcast.
This special provision is to take account of the special employment situation with artistic performances and productions. Employment of foreign artists, provided it does not exceed the periods which do not require authorisation (maximum of 4 weeks), must be notified to the competent regional PES office on the day employment starts (duty of notification). This provision applies to both performing artists and musicians, and to film, radio and TV artists such as cinematographers or make-up artists (not however to creative artists such as sculptors or writers).
These artists may be employed for up to 4 weeks without requiring authorization, if the activity is exercised in the framework of an overall artistic production. An overall artistic production is an event or production with artistic contents which, even though it may consist of several self-contained units (e.g. concerts or theatre performances), is based on an overall organisational concept (e.g. concert or theatre tour, actionist total works of art, film shooting). To serve its intended purpose, the special provision covers all foreign nationals participating in the overall production, even if their individual work is not of an artistic nature.
The periods in which foreign nationals may be employed without requiring authorisation apply only for one individual employer (organiser or producer). Several employments with several employers are not aggregated.
Based on these provisions, artists may take up several consecutive or at least chronologically linked employments with different employers in Austria without requiring authorization.
Artists holding a nationality which allows them to enter Austria as tourists without a visa do not require a visa for such activities.
A Serbian folk music group is to perform at a wedding in Lower Austria. The organiser reports the employment to the regional PES. An employment authorisation is not required, since Serbian citizens are visa-exempted, they do not need a visa. One guest at the wedding is so enthusiastic about the orchestra’s performance that he books them for the coming weekend for a garden party. The one-day period starts again. It is therefore sufficient to re-notify the regional PES of the employment.
An Indian film crew is to shoot a movie scene for 3 weeks in Tyrol. Nobody on the crew requires an employment authorisation (including the support staff, i.e. all foreign nationals participating in the overall production), only notification of the regional PES is required (on-going film production). Since Indian nationals require a visa also as tourists, a visa C must be applied for with the Austrian embassy in New Delhi for all Indian nationals involved.