Hollywood and Immigration: The New Odd Couple

Part of the magic of Hollywood is making people’s imagination run wild, often filming shows and movies in the most unlikely cities and countries. It would surprise many avid fans of the hit Netflix series “Stranger Things” that instead of being filmed somewhere in suburban America  much of the fourth season was actually filmed in Lithuania. Similarly, the rag-tag group of the blockbuster franchise “Fast and Furious,” known for its globetrotting antics in iconic metropolises, had some of its most exhilarating sequences filmed in the Canary Islands. The reality is that Hollywood is looking outwards, far beyond the film studios of Los Angeles and Studio City, and even beyond the national borders. As Oscar season ramps up and studios begin launching their campaign strategies in an effort to win an Academy Award, Hollywood is eyeing European countries to host their next projects. However, such plans aren’t without challenges, including immigration.

As with most reasons for a change in business, the ultimate determining factor is the presence of a financial incentive. Film producers are taking their productions and film shooting locations abroad because tax rebates offered by several EU countries make it economically attractive to do so, as Los Angeles Times reports. The Entertainment Partners website lists Spain, Greece, and Lithuania as just some of the European countries which offer fiscal incentives to produce content in their territories. Moving projects to these destinations can ultimately cut costs for film producers. The receiving countries simultaneously benefit from the business influx and the impact this can have on the local and national economies.

Although financially enticing, setting up a film production camp in another country is not without challenges, and other considerations, including immigration requirements, must be heeded. The logistics behind the relocation of a crew (technicians, make-up departments and camera operators, to name a few) and “the talent” can at times foil a studio’s plan to shoot abroad. Conscious of this, national governments across the EU understand that by only creating financial incentives they fall short of attracting projects to their territory in practice. As a result, countries have been complementing their fiscal initiatives with immigration routes that facilitate the relocation of individuals in the Audio Visual (AV) sector.

In addition to its attractive tax rebates, Spain has established a new work permit exemption for foreign nationals in the AV sector which facilitates longer stays in Spain compared to what was previously possible. This option was recently introduced by Spain’s Council of Ministers on November 12, 2021, who recognized the need to configure an agile, flexible and simple system that facilitates the hiring of artists, technicians and other professionals in the AV sector. Prior to this, individuals in the AV field were subject to a strict and cumbersome administrative process that clashed with the fiscal incentives in place. The former approach, known as the Artist Visa (and was tailormade for performances in Spain lasting no more than five consecutive days, or 20 days total, in a six-month period) has now been complemented by this newer work permit exemption.  

Lithuania has a similar solution in place, where performers (actors, singers, musicians and dancers amongst others) are exempt from the requirement to obtain a work permit and only require a Temporary Residence Permit or National D visa. Unsurprisingly, this simplified immigration process and the country’s fiscal incentives caught the attention of HBO and Sky’s producers when deciding where the Emmy- winning limited series “Chernobyl” should be made.

The government authorities in Greece have also taken a holistic approach in their strategy to tempt film productions to their shores. By pairing up its already alluring fiscal incentives with different immigration avenues for individuals in the creative and AV sector, Greece makes itself another attractive option for film production. Along with the Schengen C visa (with a specific remark that the applicant has the right to work), Greece has also instituted a visa category type D for members of artistic groups. In addition, a residence permit with right to work tailored to intellectual creators can also provide a suitable immigration solution for those from the creative sector.

Considerations for relocation must even go beyond immigration requirements. Production companies and studios should also be mindful of labour law requirements deriving from the Posted Workers Directive, and any social security considerations for their workers while temporarily assigned for projects in different European countries.

Choosing a location for film production by identifying and leveraging the most suitable, cost-effective and least-administratively burdensome route requires specialised knowledge and careful workforce planning to execute such ambitious projects. The immigration environment can move quickly and consequently demands thorough insight into existing requirements and any anticipated changes, as well as a clear understanding of timelines. Good planning is needed to have the required crew in the destination location within the desired deadline. While there might be fiscal incentives in place to attract the film industry to a specific country, without immigration solutions in place to facilitate relocation, the burden of facilitating a relocation may counter the financial benefits.

With these considerations in mind, Fragomen maintains a close and open dialogue with respective government bodies to keep authorities aware of existing constraints on the film industry and advocate for changes by using appropriate engagement and reasoned arguments.   

Need to know more?

If you operate in the creative sector and would like more information on immigration solutions in Europe, please contact Senior Immigration Consultant Carlos Saenz de Tejada at [email protected] or Practice Leader Kasia Pinska at [email protected].    

This blog was published on 1 December 2022, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please visit our dedicated COVID-19 site, subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.