The New Europeans: Live music’s Brexit exiles
When the British prime minister, Boris Johnson, announced on Christmas Eve 2020 that the UK had signed a free trade agreement, the TCA (Trade and Cooperation Agreement), with the European Union, there was a collective sigh of relief across much of Britain. Four and a half tortuous years after the Brexit vote, the UK was finally out, and people on both sides of the new border could finally get on with their lives.
Well, sort of. That is, of course, unless you work in concert touring, in which case new requirements for visas (for people) and carnets (for goods) – as well as restrictions on cabotage (ie the right to transport goods and people within the EU and/or UK’s borders) for trucking companies – represented a less than ideal outcome for an industry built on decades of free movement across Europe.
In response, many UK-based firms, particularly hauliers affected by the new limits on cabotage in the European Union, are investing considerable sums to open new depots in mainland Europe or the Republic of Ireland.
In contrast to these ‘new Europeans’, many in the touring sector were “sleepwalking towards Brexit day,” according to Robert Hewett, founder and director of Stagetruck. “They were just completely indifferent to it,” he says, “thinking that we’d all just carry on as it was before. I would be saying to people, ‘Look, I don’t think you should assume that. This is how we make a living; it’s our livelihood…’”
However, with all touring still on hold because of the coronavirus, the impact of the TCA’s more restrictive provisions, particularly on cabotage, has yet to be felt fully, Hewett continues. “What happened with the pandemic when it hit is that it masked it [the Brexit question] for at least the next 12 months,” he says.
According to Stuart McPherson, managing director of KB Event, a ‘no-deal’ Brexit – repeatedly rejected as the worst possible outcome by most live music industry associations and professionals – would have been a better option for hauliers than the TCA signed by Johnson’s government and their counterparts in the EU.
“Bizarrely, for us that would have been a better outcome than the one we have,” he explains. “For rock’n’roll touring companies there was an exemption in place, from back in 1996, that allowed entertainment transport to move freely throughout the EU. That protocol was overwritten by the TCA, which came into law with the Brexit agreement and overrode the previous exemption we had under the ECMT [European Conference of Ministers of Transport] protocols. So for us, this is the worst possible outcome.”
A ‘no-deal’ Brexit would have been a better option for hauliers than the Trade and Cooperation Agreement
When the TCA was reached and the Brexit deal done, what we were left with was something that said we can no longer tour in Europe,” McPherson continues, “and so the only solution for that – as it sits right now and for the foreseeable future – is for us to open up a full European operating centre with a European operator’s licence, which gives us more freedom in terms of cabotage and interstate movements in Europe.”
As a result of that outcome, all the major UK-headquartered concert trucking and transport companies, which also include Stagetruck and Transam/EST (Edwin Shirley Trucking), are now based at least partially in the EU, or are considering a move, with offices in places like the Netherlands and Republic of Ireland serving as all-important hubs for continental operations.
Under the current rules, Transam/EST will have to make a choice: “Either to become Dutch or Irish, or a bit of both, or to stay in the UK – but I can’t see the latter happening,” says senior manager Ollie Kite. “We’re going to have to re-register all our trucks, or a lot of them, into the EU, and that costs money. So we want to be able to be ready to do that, but we’re delaying it as long as possible. Because until work starts to return, we’re a bit strapped for cash…”
McPherson estimates that the cost to KB Event to set up an office in Ireland – including the operations centre with parking for 60 trucks, an EU operator’s licence, and duplicate fleet insurance – is already up to £500,000 (€578,000), with European CPCs (certificates of professional competence) for KB’s drivers set to cost a further £100,000 (€116,000) – a considerable outlay for a sector that has had little revenue since March 2020.
Stagetruck, which already had an office near Veghel in the Netherlands, is similarly facing a bill of between £100,000 and £110,000 to send its drivers to the Irish republic to do an EU-certified driver CPC course, says Hewett.
“All the European countries, at this moment, are standing together and saying, ‘No, unless you come and take a driving test [in an EU member state] you cannot drive a European-registered truck,’” he comments. “That is the nightmare that we’re all facing at the moment.”
Kite says Transam/EST is also looking toward Ireland, to minimise the language barrier for the company’s UK drivers. “The nonsense of it is,” he adds, “is that they already know what they’re going to be taught, as the course and the exams are exactly the same as in England – just that you have to take them in Ireland or somewhere in the EU instead. Nothing’s actually changed.”
Currently, explains Kite, the UK allows EU drivers to drive British-registered trucks on an EU licence, “although they’re hinting that they won’t let that continue” should it not be reciprocated from the other side.
All the major UK-headquartered concert trucking and transport companies are now based at least partially in the EU, or are considering a move
Keep on truckin’
As Craig Stanley of Marshall Arts, who is the chair of the UK’s LIVE (Live music Industry Venues and Entertainment) Touring group, told IQ earlier this year, the cabotage issue – the lack of an exemption for concert hauliers under the TCA – is by far the biggest problem facing hauliers who haven’t already made the jump across the English Channel or Irish Sea. “Unlimited movement by UK-based concert hauliers will cease,” he said. “The biggest impact of the cabotage regulations is that non-EU-based haulage companies will only be allowed to have a load going into the EU and then two further movements before having to turn back to their place of registration. So, as it stands, to undertake EU tours it will be necessary to have EU-registered hauliers.”
The Road Haulage Association (RHA), the UK trade association for haulage and logistics operators, has called on Boris Johnson to secure an exemption, or ‘easement,’ from the current rules for UK-based entertainment hauliers to enable them to continue touring Europe. “If the UK events haulage industry is to have any chance of survival it needs an EU-wide easement so that trucks moving touring equipment can continue to make multiple stops across Europe,” says RHA chief executive Richard Burnett.
Unfortunately, on the British side at least, there remain fundamental misunderstandings about the role of concert hauliers and their needs in the post-Brexit landscape, says Kite. “We’ve been lobbying for change, we’re talking to the Department for Transport, and the Department for Digital, Culture, Media and Sport, but they don’t really understand. They think it’s just going from A to B, dropping off a kit and then picking it up again. We’re struggling with trying to get them to understand that under the TCA we simply can’t tour like we used to.
“We’re inching forward – whereas before, under other rules, cultural tours and events were exempt from the cabotage rule.”
“There is a lack of understanding in government about transport,” agrees Hewett, “even more than the lack of understanding about the music industry. Every headline you ever saw was about fishing, but if you compare what the music industry brings in – what it brings to every local economy when a big band arrives – it’s a massive injection of income into local areas, and they seem to have bypassed it completely. It’s amazing.”
“There is a lack of understanding in government about transport – even more than the lack of understanding about the music industry”
It’s not just hauliers who have been forced to set up costly EU offices to continue trading after Brexit. London-based World Touring Exhibitions, which celebrates its 20th anniversary this year, has been forced to slim down its UK office and set up shop in Rotterdam – a reflection of visa considerations and the other expensive barriers against both UK–EU and inter-EU travel for a non-EU company, founder Corrado Canonici tells IQ.
“It’s a shame, but it is necessary, as we can’t really bring UK people [to Europe] at the touch of a button, like we could before,” he says. “For example, we are about to open an exhibition in Germany – I can’t get my crew there unless I get them all visas, which would have taken an enormous amount of time and money, which makes no sense when you only need them to work five days. What sense does it make to get them a 30-day visa?”
For exhibitions coming into the EU, “we have to do all kinds of paperwork – ATA carnets, rule-of-origin papers – in addition to visas for the crew,” Canonici continues, “so we just thought, ‘How about we continue to be part of [the EU]?’ Europe is 27 countries and the UK is one. So [by opening an EU office] we have 27 countries that we can serve and tour without any problems.”
From a freedom of movement perspective, the political climate in the UK would never have allowed for permit-free travel between the UK and Europe, suggests Andy Corrigan of Viva La Visa. “Anything regarding immigration would have needed a degree of reciprocity: that if we [the UK] were saying we are going to have visa- free travel, the EU would have said, ‘Well, we want it to the UK,’ and the UK – the Home Office and Boris Johnson – would have said, ‘No way.’ Anything regarding Brexit that would have led to increased immigration into the UK, they’d have said no, because of how that would play out in the Daily Mail: ‘That’s not what we voted for…’”
While Corrigan believes the problems surrounding other aspects of post-Brexit touring “are soluble, it’s going to take a bit of time to make everything run smoothly. And anecdotally, things are not terribly well organised at the moment. We had a sound company went out [to the EU] on a carnet last week. I had to get them the emergency car and the two-hour special service, and they got to Folkestone and the guy there refused to stamp it. I don’t know why – he just said he couldn’t do it and moved them on. So they got to France and, because it was Ascension Day, customs was closed. There was nobody there.
“It’s one thing saying you need a carnet to take your goods over. But the actual practicalities of it – the system and the infrastructure – are not all together yet. And I think you will get more random decisions being made by border people asking for the wrong things and discriminating and asking for stuff they shouldn’t, and the same coming into the UK. Hopefully, it will smooth itself out.”
World Touring Exhibitions’ new reality was illustrated recently as the company prepared to put the aforementioned exhibition into Cologne. Canonici recalls: “All of a sudden we found out that if we were using a British company, it would have been a problem. We were told, ‘You can’t do that without a big, big cost.’ So, we used a Dutch company instead and immediately the shipper told us, ‘Oh, that’s great.’ We literally just signed one piece of paper and that was it.”
“When the pressure is coming from the other side of the Channel, that’s when things will change”
‘Make it work’
Despite this exodus of profitable business out of the UK, McPherson is of the opinion that there is little appetite on the British side for renegotiating the terms of the Trade and Cooperation Agreement, even on a bilateral basis (between the UK and individual EU member countries). “At the moment, it’s being made very clear that there is going to be no reengagement or renegotiating on the TCA,” he says. “To read into that, the message is: this is what you’ve got, and you’ve got to find a way to make it work.”
While KB Event and companies like it have already spent hundreds of thousands of euros on doing just that, McPherson remains concerned about what he sees as a fundamental lack of haulage capacity for tours in the pipeline – particularly given the number of shows that have been postponed to 2022 and beyond because of Covid-19 restrictions.
“When we get to 2022 and there are not enough trucks in the EU to be able to cover the tours, you’re going to have European promoters saying they cannot deliver their tours as they have no way of moving them because 85% of trucks for touring come out of the UK.”
Hewett emphasises the importance of also keeping the pressure on the government in the UK, warning that the entertainment haulage sector – especially those smaller British outfits that couldn’t afford to become ‘new Europeans’ – is facing wipe-out under current cabotage regulations. “We really need a concerted effort now, with the press, the music industry and everyone to come on board and push this issue because it could decimate this industry,” he says.
For Corrigan, there’s “too much at stake, economically and artistically,” for the UK and EU not to get back around the negotiating table to resolve the outstanding issues facing performers, crew and hauliers. “It’s going to happen. In the past, things have been overcome,” he says. “We used to tour Europe with carnets at every border, which was a nightmare. But today’s major touring is a much more business-like activity than it was 30 years ago, and think how much it would upset the accountants if the lighting truck didn’t make it to a gig because it got stuck at the Belgian border for 12 hours…”
In a scenario like the one mentioned, where promoters cannot deliver shows for which fans have bought tickets (and in many cases held onto them for a year or longer), “that’s when the pressure is going to change,” says McPherson, “from the UK trucking company shouting about the fact we can’t do what we do for a living anymore, to promoters in the EU shouting at their country’s government, saying, ‘You guys need to do something here. We can’t move our tours. Our revenue streams have dried up for us, and for our nation.’
“At that point, when the pressure is coming from the other side of the Channel, that’s when things will change.”
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New US visa rules to vet artists’ socials
In a further obstacle for foreign artists braving an already “complex and unreliable” application process, the American state department has declared that it now requires “social media identifiers” to be included in nearly all applications for US visas.
In what the Associated Press calls a “vast expansion of the Trump administration’s enhanced screening of potential immigrants and visitors”, virtually all applicants for a United States visa – only certain diplomatic and official visa types are excluded – will need to provide their usernames for most social media accounts, including Facebook, Instagram, Twitter and Flickr, as well as all previous email addresses, used in the previous five years.
The changes are expected to affect around 14 million non-immigrant visa applications, including thousands by musicians, entertainers and performers. While the state department claims the new rules will help keep Americans safe while still allowing “legitimate travel” to the US, civil liberties groups have warned the move could lead to individuals hostile to the current administration being barred from entering the country.
Andy Corrigan of UK-based entertainment visa specialist Viva La Visa, whose clients include Ed Sheeran, Elton John and Mumford and Sons, says the new questions on the non-immigrant visa application form, known as DS-160, “could have an impact on applicants” from the entertainment business, noting that “there have been cases where people have been refused entry to the US because of what they have said in the media”. (In US immigration law, a conviction is not needed to prove a criminal act took place.)
“For instance,” he explains, “possession or use of controlled substances usually makes one ineligible to receive a US visa. There is no requirement for a conviction – an admission of committing the act is sufficient.
“Celebrity cook Nigella Lawson was denied boarding of a flight to the US because of her in-court admission of drug use; she was not charged. We understand she was later issued with a visa.”
Sophie Kirov of Australian touring consultancy Badlands Group says while “applicants should not be overtly concerned that their visa will be denied”, it’s important the information provided on the DS-160 is consistent with posts on social media platforms (ie no telling US authorities you’re a clean-living non-terrorist while posting about your chronic cocaine use and jihadist tendencies online).
“There have been cases where applicants have been denied because of what they have said in the media”
“Misrepresentation can make you inadmissible for entry to the US,” confirms Corrigan. “If they ask if you’ve ever contravened a law regarding a controlled substance, and you lie – that misrepresentation is generally regarded as seriously as the original offence.”
Corrigan says Viva La Visa has, “as yet, had no cases relating to the new questions, but they only came in yesterday.”
Despite the seemingly drastic changes, he explains the state department has not actually made “a huge change in policy”.
“It’s happening already,” he says. “We know they’ve been googling people – we’ve had artists who have gone in for their interview at the embassy and they’ve looked them up online there and then,” he adds. “So this is largely a logical extension of that existing policy.”
Hina Shamsi of the American Civil Liberties Union (ACLU), which opposes the new rules, says the requirement to hand over social media details is “dangerous and problematic”, and “does nothing to protect security concerns but raises significant privacy concerns and First Amendment issues for citizens and immigrants”.
She tells the New York Times: “Research shows that this kind of monitoring has chilling effects, meaning that people are less likely to speak freely and connect with each other in online communities that are now essential to modern life.”
The state department, meanwhile, says it is “constantly working to find mechanisms to improve our screening processes to protect US citizens while supporting legitimate travel to the United States”.
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Stricter immigration and rising visa fees ‘could harm touring’
Last week’s announcement by the British government it is to enshrine the date of Britain’s exit from the EU – 29 March 2019 – in law has once again thrust into the spotlight the issue of freedom of movement after Brexit, with leading visa experts warning of the impact a ‘no-deal’ Brexit could have on international touring.
“If the current customs regulations are made more time-consuming [post-Brexit] that will impact live tours, putting tight time schedules at risk,” Steve Richard of UK-based T&S Immigration Services tells IQ.
While the unwelcome return of visas for artists and carnets for equipment – both for British passport holders in Europe and EU artists playing the UK – is by no means a certainty, Oleg Gaidar of Artist and Entertainer Visas Global says he has already received enquiries from managers about the possibility of attaining European passports for the UK clients with European parents or grandparents. “That shows us the concern of people who are trying to look ahead and at least secure the principle to play shows in Europe without needing work permits,” he comments.
One potential solution, backed by UK Music and at least one prominent pro-Brexit MP, is a temporary ‘touring passport’ for British artists playing EU countries, although the proposal has yet to find support from the British government, which is currently negotiating with EU authorities over trade and Britain’s supposed exit bill.
The UK’s uncertain future aside, visa experts across the world are already grappling with an increasingly complex international touring market – not least in the US, where the surprise election of Donald Trump and stricter immigration rules caught out a number of acts this year, including at least ten artists heading to South by Southwest 2017.
“The goalposts are always changing, and very often people aren’t on the same page,” says Michelle Rubio of LA-based Creative Mind Access Visas & Passport Services.
“The goalposts are always changing, and very often people aren’t on the same page”
Among the recent changes in the US are tighter scrutiny of first-time visa applications, adds Andy Corrigan of UK-based Viva La Visa, which has looked after visa processing for tours by Ed Sheeran, Kings of Leon (pictured) and Sam Smith, including “more stringent questioning at American embassies and are being asked more searching questions than they previously would have been.”
Also of concern is the recent hike in fees for ‘non-immigrant worker’ visas, with the fee for filing a US visa alone now US$460, rising to $1,225 for the fast-track service.
Although the United States remains one of the trickiest and most expensive countries for touring parties to visit, it is far from the only market to have tightened immigration procedures. In the past two years, Russia and China have both introduced biometric fingerprint testing at select border controls. In 2015, Argentina introduced work visa requirements for British nationals, while UK passport holders flying to Canada now have to fill in an ESTA-type form online prior to travel, and acquire waivers if they have certain criminal convictions.
In line with tougher procedures, visa-processing fees have also increased in many touring hotspots, including Australia, which has removed bulk discounts for large tours that capped visa fees at A$7,200 (US$5,450). Now it costs A$275 per person – or between A$22,000 and $27,500 for a touring production of 80–100 people.
“Where one country eases up, it feels like another starts tightening the buckle a little harder,” says Rubio.
Read more about how global experts are keeping artists and crews on the move in the full feature in IQ 74.
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Visas and work permits
“One thing that you can always count on is that everything is in a constant state of flux, and the changes will probably happen quicker than you can keep up with,” says Michelle Rubio about navigating the many challenges and potential pitfalls that exist within the complex world of visa services, immigration and work permits.
“The goalposts are always changing, and very often people aren’t on the same page,” elaborates Rubio, a senior manager for Los Angeles-based Creative Mind Access Visas & Passport Services. She casts her mind back to this summer for an example of just a few of the many unexpected complications that can derail the process and – in the worst-case scenario – potentially lead to delayed or cancelled shows.
“I had just submitted some visa applications to the Russian consulate in San Francisco when President Trump ordered its immediate closure,” recalls Rubio. “Thankfully, there was a delay with the courier and they didn’t show up on time, so the applications couldn’t be submitted. Otherwise, all my [clients’] passports would have been stuck there.
“I’m normally cursing couriers, but, oh, my god, that was a wonderful mistake.”
“In the current political climate, with increasing local labour protectionism, planning strategically … is more important than ever”
The incident also gives some small insight into the wealth of unpredictable hurdles that immigration specialists can face on a day-to-day basis when applying for permits.
“In the current political climate, with increasing local labour protectionism, looking ahead, planning strategically and understanding the visa process requirements and consulate processing times is more important than ever,” agrees Sophie Amable, director of AE Visas USA, which primarily deals with UK and European artists and crew travelling to North America.
“Immigration is changing globally, and US immigration is also changing all the time, so getting expert advice before the time of booking is really important and can save you a lot of time and money,” she states.
Read the rest of this feature in the digital edition of IQ 74:
Re-Production becomes Viva la Visa
Re-Production, a UK-based provider of visas for touring artists, has established a new office and rebranded as Viva la Visa.
The Suffolk-headquartered company, founded in 1999 by punk musician and tour manager Andy Corrigan, has adopted the new identity with immediate effect. Its recently opened second office is in Wandsworth, in south London.
“In today’s global music market, the ability for performers to cross borders and meet their audience has never been so vital – or as fraught with potential pitfalls,” comments Corrigan. “As a former artist and occasional tour manager, I know only too well the challenges of planning an international schedule, the intricacies of the US visa system, last-minute panics over SXSW or the frantic 3am phone call from Japan over a lost passport. We have been there and done it.
“With our new London office we look forward to expanding our client base and assisting an even greater range of artists”
“Whether it’s a large touring party or a single applicant, Viva La Visa’s night and day service guarantees to smooth these processes and deal with the unforeseen, offering tailor-made solutions that ensure our applicants are unburdened from immigration hassles and benefit from an expert hand to guide them across the world. With our new London office we look forward to expanding our client base and assisting an even greater range of artists.”
Recent Re-Production/Viva la Visa clients include Beyoncé, The Rolling Stones, Take That, Wild Beasts, Stormzy, Daughter, Primal Scream and Muse.