Performing in Clubs, Restaurants and Hotels on a 408 Visa

Clubs, pubs, restaurants and hotels often want to book overseas singers, bands, DJs and cultural performers. The 408 Entertainment visa can be used for some of these bookings, but the Department of Home Affairs takes a strict approach. This guide explains which bookings are likely to be supported and which are likely to be refused.

The policy on venue entertainment

Ongoing venue entertainment is meant for local performers. Under Department of Home Affairs policy, the entry of performers employed in clubs, restaurants or hotels is not supported unless the booking is a headline act, a feature artist or show, or a specific event over a short period, around 1 to 2 weeks. The reason is simple: regular entertainment in these venues should be provided by Australian citizens and permanent residents.

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Bookings likely to be supported

• a well known overseas artist headlining a one off show or a short run at a club;
• a feature show booked for a festival week at a hotel;
• a cultural troupe performing at a restaurant or club for a national day celebration;
• a guest performer booked for a specific themed event.

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Bookings likely to be refused

• a resident singer or band performing several nights a week for months;
• a DJ or pianist engaged as the regular house act;
• any booking where the performer would also work in the bar, kitchen or front of house.

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What the venue must provide

The venue acts as the supporter (for an applicant outside Australia staying 3 months or less) or the sponsor (for longer stays, or an applicant in Australia, where the venue must be an approved temporary activities sponsor). The application generally needs:

• a performing contract for the specific engagements;
• an itinerary with the date and venue of every performance;
• evidence that the relevant union was consulted, and its response, if any;
• an explanation of the net employment benefit, for example local support acts, technicians or extra staff engaged for the event;
• evidence the venue holds any licences needed for the performance.

The contract terms help the Department assess whether the venue intends to engage the performer in line with Australian law and awards. Under policy, a contract that does not conform can be treated as adverse information about the venue. See union consultation for 408 entertainment visas.

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Changing the dates or venue

Condition 8109 applies to entertainment 408 visas, so the performer cannot change the times or places of engagements without the Department’s prior written permission. Extending a short run into an ongoing residency is unlikely to be approved. See changing your tour itinerary.

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Other options

If the person will only make a promotional appearance without performing, the Invited Participant activity type may fit. See 400 and visitor visas for performers for other short stay options. For ongoing roles, a 408 is not designed for permanent staffing, and venues should look at local talent. If you are unsure, our 408 visa assessment is a good starting point.

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What you should do now

• Check the booking type: headline, feature or specific event bookings over a short period are the strongest cases.
• Keep the run short: around 1 to 2 weeks is the policy guide for venue engagements.
• Prepare the paperwork early: contract, itinerary, union consultation and net employment benefit.
• Do not add other duties: performers cannot work in other roles at the venue.