In this policy area, Pearle* considers the notion of “third-country nationals” from different scopes :
- Third-country national artists and cultural professionals travelling to the Schengen area for a short period: a performance, a concert tour, an audition, a conference, etc.
- Third-country national artists and cultural professionals travelling to one or more countries in the EU or in the Schengen area to work for a short period
- Third-country national artists and cultural professionals travelling to one or more countries in the EU or the Schengen area to work for a period longer than 90 days
We also look at the outgoing mobility from EU nationals travelling to other parts of the world, with specific attention to performing in the USA.
Whilst there exist general rules for third-country nationals, such as for those who need a visa to travel to the Schengen area, or those who are visa-exempt, when it comes to longer stays or employment each country of the EU has its own rules. This makes the touring and hosting of non-European performances often complicated.
Pearle seeks to address specific issues in the sector such as visa application processes and the issue of being limited for touring by the 90-day rule in a 180-day period. As there are no specific European rules for artists, unlike other categories such as students, researchers or seasonal workers, it remains often a difficult process for European organisers. In a recent publication on Schengen visas for third-country nationals, Pearle* gives information and tips to take into consideration.
Since the Brexit, together with its British members Pearle* has been addressing the difficulties for touring of live performance organisations in both directions of the channel.
The stricter tax treatment of performing artists often leading to excessive or even situations of double taxation when there is a tax credit option in the residence state. The OECD decided to keep this special taxing rule in 2014 when it revised the model tax treaty which is the basis for most of the industrialised countries in the world.
