ASK & DISCUSS INDEX

12 years ago - John Lubran

Alternatively, a legitimate corporation ( a Ltd Company can be constituted in the UK for as little as £25 plus a corporate letter head and a bank account) can, in most circumstances, undertake contractual business in the USA, South Africa and indeed most of the westernised capitalist nations. Providing that contracts are paid through invoice and transfer to the companies native account, the actual nomenclature and nature of the contractual obligation is very much open to description and definition which should always be designed to comply with legislative frameworks. For the reasonably bright and worldly it's not rocket science. If it were not so then most big business essential to the economies of the westernised world would not be able to operate. To carry out business in the USA on behalf of a non US corporation a B1. B2 (business) visa is required.

12 years ago - Paddy Robinson-Griffin

Although be aware becoming a director of a limited company does have certain legal responsibilities that come with it.

12 years ago - Sally Fenaux Barleycorn

Touching marriage proposal Dan, thank you... :P haha!

So sounds like a plan, I only have to become the best Costume designer ever, and I won't have to deal with any of these restrains.

Cheers!
Sally

12 years ago - Dan Selakovich

Hi Sally, just looked at your website. Really nice work. I'd hire you. Hell, I like it so much, I'd marry you! Yes, there are tons of Brits here, and hopefully Amy can be of some help. But it really is a different world now. I'm reminded of a friend of mine that needed a graphic designer that spoke Japanese, portuguese, and Chinese. He simply couldn't find an American and the hoops he had to jump through to hire a Japanese person with all the right requirements were considerable. As far as film goes, if you're in the Union in the U.K., that can help considerably with the union here, but not necessarily with the U.S. government.

12 years ago - Amy Mathieson

Hi Sally,
I have lived and worked in the states and yes it's difficult to get the visa but you have great credits on your resume so I think you would be fine. It's great working in LA as there is so much more work on offer. Yes the unions are strong but that's good as they protect you. Let me know if you want more info. Don't be put off by people saying it's hard there are thousands of Brits working in LA right now that have come on a similar journey and it's totally possible - case in point. Amy :-)

12 years ago - Kristina Hughes

Perhaps this article on getting a VISA is helpful:

http://www.holdonlog.com/pages/AN-VISA-0209.html

If you make your way to LA, we have lots of fun, free seminars & networking events.
Here's one place to sign up: http://www.meetup.com/filmind-13/
Also, http://www.PerformerSeminars.com lists other free events on the calendar.

12 years ago - Dan Selakovich

Sally, it doesn't matter if it's non-union or union, a work visa is required. You're dealing with the government, not the union. Everything Paddy said is completely accurate. For a production to hire you, you've got to get the company to hire you before you come. Then the production has to prove to the government that the job can't be done by a U.S. citizen. If you're an actor, it's pretty straight forward and fairly easy. If you're anything else, it's a tough thing. Most employers aren't going to go to the trouble. It's a tiny bit easier if the production is shooting in, say, the U.K. for part and the U.S. for part. But you would need to be a department head to have any chance at all working in both countries. If you're a grip, for example, they would just hire U.S. citizens as grips.

If you do pull it off, you won't be able to switch the type of job you do; an actor who has a work visa for acting, can't work as a waiter between gigs. They can ONLY act.

A lot of advice comes from people that came here before 9/11. It was very much easier to get a green card or work visa. After 9/11/01 it became a process that could take 2 or 3 years. If you want to get around the strict laws, you could enroll as a student at any school, and get a student visa, then try to find work while going to school. It's not exactly legal, but it would be easier to find work once you're here. But you DO have to go to school for real. And any employer would have to prove that a U.S. citizen couldn't do your job.

Governments seem to work on a tit-for-tat rule. If the U.S. makes it difficult for a U.K. citizen to work here, the U.K. will create the same rules for an American working there. And since we are complete paranoid assholes, work and visa rules are stricter for any country we might want to work in. With that in mind, South Africa probably has a better relationship with the U.K. on that point.

I used to "save" movies, and worked all over the world. But there were two things that made it a bit easier for me: an American and whatever country co-production, and it was before 9/11 when we lost our shit about letting foreigners work and live here. One other thing; our economy is in shambles. Before the collapse, there was a chance a foreign worker could slip through. Now the government really puts these visa applications through a vetting process that kills just about any applicant. Of course, our government just LOVES rich people. If you're wealthy, that's an entirely different set of rules, and your odds are really good. I'm not kidding.

And finally, if you happen to get a job on a union film, you are pretty much screwed. The union is really protective of its members. At the least, they will want you to put in the days (working a certain number of days on non-union films to be eligible to join the union), so you're back to square one getting a work visa. The only time I've worked with foreigners in the U.S. was with department heads; DP, Director, Costume Designer, etc. that had amazing track records in their home country, or they were married to an American citizen (again, before 9/11). I'd marry you, but even that is tough nowadays.

Good luck!
Dan

12 years ago - Sally Fenaux Barleycorn

Hi Paddy,
Thanks for your reply. I know I'm very lucky as a European! Even so I'm looking for greater work adventures! ;-)

I heard that independent productions in the US do hire foreigners. Does anybody know about that?

12 years, 1 month ago - Paddy Robinson-Griffin

Not sure about South Africa (almost certainly, just I don't know their scheme), but you absolutely must have a work permit for the USA and most countries in the world. I used to arrange then for some places in the Middle East and it was a full time job, not just a casual formality - and it's a significantly bigger deal in the West. You almost always need a job to go to, and the employer sponsors your trip. They have to prove a local couldn't do the job (if you're a dresser or wardrobe runner for instance there are plenty of locals), and are responsible for you whilst you're there. They may even pay a financial deposit as a bond. The unions may require you to be a fee-paying member long before they'll allow you near locations.

Being from the EU yourself you're in an extremely lucky position that you don't need a work permit in other EU countries - how about you try some of those?

12 years ago - Sally Fenaux Barleycorn

Hey! Thanks Amy! Thanks Kristina!

12 years ago - John Lubran

That's very true Paddy that's why it's important to design projects to comply with legislative frameworks.
The legal responsibilities of a company director are very much the same as for everyone, such as maintaining fiscal solvency and the addition of submitting annual accounts and returns to Companies House. On the other side of the proverbial coin the term Ltd (limited) defines the limited liability of the directors, provided they don't break the law or 'act with reckless disregard'. Ironically, it's those trading out side of the protection of limited liability who face greater personal responsibilities and risk.