Ireland continues to become an important destination for the global film industry. The country has been an attractive destination for some time, due to its generous tax credits (even the name of the incentive, 'Section 481' has become a household name for production companies) and the variety available for on location and in studio shoots.
From rolling green hills and historical ruins to studios dotted across Ireland, there is no shortage of resources for film and television production companies hoping to be in production in Ireland.
However, the VFX (visual effects) space is receiving increased attention in Ireland. Hosting post-production, including in the form of VFX, is an ambition of many countries, with countries such as Canada and the US being 'competitors' for this aspect of development. Even where the production shoots in Ireland, a chunk of VFX work may be carried out elsewhere. For example, some productions may shoot in Ireland and crew is then on the move to Canada to pick up post-production development.
VFX growth in Ireland
Ireland's VFX industry has grown substantially in recent years, not least of all because VFX, as a part of the production schedule, is eligible for the Section 481 tax credit. The Irish VFX industry has further gained prominence globally owing to series and films such as Game of Thrones and The Irishman, respectively.
While Ireland (via Ministerial trips to the land of film – LA – and Screen Ireland, etc.) is promoting itself as a VFX destination, the immigration landscape for VFX specialists is not straightforward.
While some VFX workers have direct employment relationships with either a foreign entity or a local entity in Ireland, many might operate as freelance including via their loan-out company. Therefore, the solutions for a person coming over to Ireland to work in the VFX space can vary significantly from person to person.
Key immigration pathways for workers in the VFX space
The main options for those coming to Ireland in the film industry include:
- A strictly 14-day business permission;
- The Atypical Working Scheme for work trips amounting to less than 90 days – where such a person has an invitation to work in Ireland by an Irish entity; or
- An employment permit for persons with a direct employment engagement with an Irish entity – typically the Sport and Cultural Employment Permit. (However, on occasion, an Intra-Company Transfer Employment Permit may be more suitable where the sending entity (for example, the US) intends to continue to pay the persons salary while they are on a short assignment under an arrangement with an Irish entity.)
The above comprises the typical routes. However, being engaged by a loan-out company or having a non-traditional employment relationship (i.e., not a typical employment contract) can complicate matters, including which documents should be submitted, or whether there is a pathway available in such circumstances.
When a permit is submitted, the applicant, the employer / sponsor and any agent assisting with the permit application (where this arises) is undertaking that the information in the application is accurate and complete. It is of course an offence to operate differently (including in respect of employment law matters / employment relationship) than that sanctioned by the Department of Enterprise, Trade and Employment by the issuing of an Employment Permit.
However, it is very difficult to meet the document requirements as set out in the traditional Permits space in this industry. For this reason, advice on the correct pathway and the correct documentation is essential.
Of course, as mentioned, a person's individual circumstances may dictate a different immigration pathway entirely.
The need for strategic advice and guidance
While Ireland is rapidly making itself an attractive destination for all stages of film and television production, the immigration pathways available to persons involved at all stages of the production process can be tricky to navigate.
Additionally, some VFX workers may have to move between global destinations to complete their work on any given production. Merely moving from Ireland to Northern Ireland to work on one production may mean such a worker must obtain an immigration permission for both jurisdictions.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
