the bureaucratic storm that prevented the tours clears



After the progressive lifting of capacity restrictions, more good news arrives for the world of music. The tremendous mess that the Brexit in the tours of the artists, both British and Spanish, it seems that there is a solution.

As reported by the law firm Sympathy for the Lawyer, the Council of Ministers has approved an agreement with instructions for facilitate the entry and stay in Spain of third-country nationals to carry out activities in the audiovisual sector. Despite not being contemplated at the beginning given the specificity of the measure, it has finally also been extended to foreign artists and technicians who participate in any ‘artistic activity before the public’, that is, to the music, theater and dance sector, which represents a solution for the field of live music and other shows in the face of the problems caused by the departure of Great Britain from the European Union, and also the bureaucratic limitations with visas that were already suffering with tours from other countries.

“This measure will also facilitate the arrival of musicians from other countries, so it paves the way for Spanish agencies and promoters who work with international artists and who, long before Brexit, were already experiencing difficulties in managing artist visas in some cases,” he explains. The buffet. «Based on the principle of reciprocity, this movement by the Spanish government opens the door for other countries to implement the same facilities for Spanish artists who travel to their countries to perform.

The measures included in this agreement of the Council of Ministers (Order of the Ministry of the Presidency 1238/2021, of November 12) are very focused on the audiovisual sector, as it was one of the main measures contemplated in the Boost Plan for the Audiovisual Sector (Spain Audiovisual Hub) presented a few months ago by the Government. The objective is to facilitate the arrival of foreign artists and technicians to participate in the productions made in Spain, although by the way solved the specific problem of bottleneck generated with Brexit ”, indicates Manuel López, lawyer at Sympathy for the Lawyer.

«For stays of up to 90 days in any 180-day period (which occurs in the vast majority of cases in the field of music tours), we interpret that Thanks to these instructions from the government, it is no longer necessary to apply for the so-called ‘artist visa’ in origin (exception of work authorization, art. 117 and 118 Royal Decree 557/2011). From now on, and provided that the requirements are met, foreign artists and professionals who are going to participate in the shows can access and carry out their work in Spanish territory as long as they do not exceed this 90-day stay period (in case of exceeding it there is an additional visa procedure) », explains López.

To do this, you only have to meet certain requirements, which include a uniform visa according to the country of origin (uniform Schengen visa), and which would actually be the same one that must be applied for if you come for tourism, and that for many countries of origin It is not even required (UK nationals do not have to apply).

These are the requirements established by the agreement of the Council of Ministers:

-Not being found irregularly in Spanish territory.

-Do not appear as rejectable in the territorial space of countries with which Spain has signed an Agreement in this regard.

– Pay the fee for the visa or the corresponding authorization. The amount of the latter will be determined by Order ESS / 1571/2014, of August 29, which establishes the amount of fees for processing administrative authorizations in relation to international mobility.

– Have an employment or professional relationship with the company that transfers or hires the professional in Spain within the scope of section one and two of the second instruction.

– In the case of stays of up to 90 days, comply with the conditions of entry into the Schengen area, provided for in Regulation (EU) 2016/399 which establishes a Code of Union regulations for the crossing of people through borders (Schengen Borders Code), and have travel medical insurance.

– For stays of more than 90 days, have medical insurance that covers the entire period of the stay or residence, with coverage similar to those offered by the Public Health System, unless an activity is to be carried out for which you are going to have the status of insured in the National Health System.

– Have sufficient financial resources for themselves and for the members of their family that accompany them, where appropriate, during their period of stay or residence in Spain, which can be justified, where appropriate, through the employment or employment contract. the supporting documentation of a professional relationship.

There’s also requirements for the Spanish company that hires to the foreign artist or professional:

– Be part of the production project in the audiovisual sector or artistic activity before the public or intended for recording of any kind for dissemination by different mass media.

– Be registered in the Social Security system and be up to date with the fulfillment of their obligations to Social Security and to the State Tax Administration Agency.

In addition, from Sympathy for the Lawyer they point out two other fundamental questions:

-Social Security. In the case of a commercial and non-employment relationship, it is important to confirm that you are registered with the social security of your country and that it covers work in Spain (requesting the corresponding certificates, whose name varies according to the country: A1, TAJA1, … ).

-Taxation. It is also important to comply with the tax obligations as a payer with respect to IRNR or whithholding tax.

«In summary», says López, «it is a very positive measure for promoters, festivals, venues and artistic agencies that work with international musical artists. It also provides facilities for the recording and phonographic production processes with artists and professionals from other countries, and for other companies and music professionals that develop projects related to the audiovisual world ”.

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