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International Experience Canada

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MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE OF CANADA AND THE FEDERAL MINISTRY OF LABOUR, HEALTH AND SOCIAL AFFAIRS OF THE REPUBLIC OF AUSTRIA ON INTRA - AND PARTNER COMPANY TRAINING AND EXCHANGE OF YOUNG WORKERS

The Department of Foreign Affairs and International Trade of Canada and the Federal Ministry of Labour, Health and Social Affairs of the Republic of Austria (hereinafter referred to as 'the Parties').

In a spirit of promoting closer cooperative relations between Canada and the Republic of Austria,

Desirous of providing wider opportunities for nationals of each country, particularly youth, to appreciate the culture and general way of life of the other for the purpose of promoting mutual understanding between Canada and the Republic of Austria,

Desirous of supporting Canadian and Austrian firms in developing business links between the two countries by facilitating intra-and partner company training which is intended for workers from Canada and Austria who travel to the other country to receive or to provide training which could include skills upgrading, familiarization with corporate business practices and/or formal classroom training,

Wishing to provide arrangements for Young Workers which are intended to make It possible for Austrian nationals to enter Canada and for Canadian nationals to enter the Republic of Austria to obtain, in the fields of tourism and agriculture and forestry, the practical experience necessary for their professional training,

Committed to fulfil the provisions contained in the Joint Political Declaration on Canada-EU Relations and Joint Canada-EU Action Plan, signed on December 17, 1996, on behalf of Canada by the Prime Minister, and on behalf of the European Union, by the President of the European Council and the Vice President of the European Commission.

Have reached the following understanding:

  1. ln accordance with its relevant national laws, regulations and guidelines regarding entry, stay and employment, each Party will Issue, on the basis of reciprocity and in a generous manner the official documents described in the annexes hereto to the participants of the respective other country in the Canada-Austria Intra-and Partner Company Training Program or the Canada-Austria Young Workers' Exchange Program who satisfy the requirements described In the annexes hereto. The annexes hereto are part of this Memorandum of Understanding.
  2. Both Parties acknowledge that, In their respective countries, work contracts or work arrangements signed by the participants of the Canada-Austria Intra-and Partner Company Training Program or the Canada-Austria Young Workers' Exchange Program and their employers must satisfy the relevant wage and work terms and conditions and are legally binding for both signatories.
  3. Both Parties will encourage employers, workers, youth, cultural and community organizations in their respective countries to provide appropriate counselling facilities for Canadian nationals who have entered the Republic of Austria or for Austrian nationals who have entered Canada for the purpose of the above-mentioned programs.
  4. Both parties may suspend reciprocally the foregoing provisions in whole or in part temporarily for reasons of public policy. Any question that might arise with regard to the interpretation, application or possible suspension of this Memorandum of Understanding will be resolved by the Department of Foreign Affairs and International Trade of Canada and the Federal Ministry of Labour, Health and Social Affairs of the Republic of Austria by means of consultations through diplomatic channels.
  5. On each side, the number resulting on the basis of reciprocity of participants in the Canada-Austria Intra-and Partner Company Training Program and the Canada-Austria Young Workers' Exchange Program will not be Included within quotas established for other Canadian or Austrian exchange programs in a manner that would restrict these programs.
  6. Amendments to this Memorandum may be negotiated between the two parties at any time. These amendments will be concluded in written form, the date of effect to be negotiated at that time.
  7. This memorandum will take effect on the first day of the third month after the date of signature and will continue for an indefinite period.
  8. Notwithstanding any termination or suspension of this Memorandum or of any provisions of this Memorandum, unless otherwise agreed by the Parties, any person who at the date of such termination or suspension already holds a valid official authorization as desigr'l8t&d In the appropriate annexes shall be permitted to enter and reside In the respective country (receiving country) and to pursue his/her professional training until such authorization expires, In accordance with the receiving country's relevant national laws, regulations and guidelines regarding entry, stay and employment.
  9. Either Party may terminate this Memorandum by giving three (3) months' written notice to the other Party.

Signed In Vienna on September 11th, in the English, French and German languages, all versions being equally valid.

For The Department of Foreign Affairs and International Trade of Canada
The Minister of Citizenship and Immigration of Canada

Signature box
The Federal Minister of Labour Health and Social Affairs of the Republic of Austria,
The Federal Ministry of Labour, Health and Social Affairs of the Republic of Austria

Signature box

 

ANNEX A

CANADA - AUSTRIA INTRA-AND PARTNER COMPANY TRAINING PROGRAM CONDITIONS FOR AUSTRIAN APPLICANTS

1. An applicant must:

  1. Be a holder of a valid Austrian passport:
  2. Have no criminal conviction;
  3. Satisfy a Canadian visa officer that his/her primary intention is to train within his/her employer's related facility in Canada, that he/she travels to a parent or subsidiary operation of a multinational corporation by which he/she is employed or partner firm, that this causes no displacement of Canadian or permanent resident workers and that his/her activities are primarily for the purposes of training and not for the purpose of production, without precluding some hands-on training:
  4. Possess a return air ticket or sufficient funds with which to purchase such a ticket;
  5. Demonstrate with documentation provided by the Canadian parent or subsidiary company or partner firm or a signed work contract. the purpose of entry and the anticipated duration of stay;
  6. Possess sufficient funds for his/her maintenance during the first six months in Canada;
  7. Undergo a medical examination by a physician recognized by the Canadian government, to obtain his/her authorization to visit Canada should he/she wish to undertake work in the health services field, primary or secondary school teaching or child care;
  8. Be prepared to pay a visa fee or program participation fee.

2. Austrian applicants who satisfy the above requirements will be issued a Letter of Introduction by the Canadian Immigration Office in Vienna valid for presentation for a period of twelve (12) months from the date of issue. Successful applicants who possess the aforementioned Letter of Introduction will be issued with an Employment Authorization on arrival in Canada valid for a period of not more than twelve (12) months from the date of entry. The Department of Foreign Affairs and International Trade of Canada will ensure that the necessary process to obtain the relevant documents is expedited in a timely and efficient manner. When necessary, applicants will be interviewed by representatives of the mission to determine their eligibility.

3. Austrian participants in the Canada-Austria Intra-and Partner Company Training Program will be required to comply with the laws and regulations of Canada and will not be eligible for social support or other benefits from the Government of Canada. Participants in the program will be required to be responsible for their medical and hospitalization costs while in Canada and are expected to take out and maintain comprehensive medical insurance for the entire period of the visit.

4. The Government of Canada reserves the right to refuse any particular application it receives. It may refuse the entry into its territory of any participants in the Canada-Austria Intra-and Partner Company Training Program or remove any person from the country who has obtained entry under the Program, in accordance with the relevant Canadian laws, regulations and guidelines regarding entry, stay and employment.

ANNEX B

CANADA-AUSTRIA INTRA-AND PARTNER COMPANY TRAINING PROGRAM CONDITIONS FOR CANADIAN APPLICANTS

1. An applicant must:

  1. Be a holder of a Canadian passport valid for a period of three months beyond the termination of his/her activities under this Program;
  2. Have no criminal conviction;
  3. Possess a return air ticket. or sufficient funds to purchase such a ticket:
  4. Possess sufficient funds for his/her maintenance during the stay in Austria;
  5. Be prepared to pay a visa fee or program participation fee;
  6. Undergo a medical examination before starting training if this is required by law with regard to the specific training or activity in question.

2. For a Canadian national taking part in tile program, an Austrian training company will be issued, upon its application by the competent regional office of the Austrian Employer Service in accordance with the relevant Austrian laws, regulations and guidelines regarding entry, stay and employment, a transfer licence (Entsendebewilligung) if his or her training will take no longer than four months, or a clearance certificate (Sicherungsbescheinigung) in case of training for a period of up to one year, provided that the following requirements are met:

  1. The Canadian participant must be a qualified employee of a Canadian company who under his or her contract of employment is to undergo intra company basic or advanced training.
  2. The practical training must take place in an establishment in Austria which is related to the Canadian employer, i. e. either in the Austrian parent or subsidiary company of a Canadian legal person or in an Austrian partner firm which maintains a permanent close business relationship with the Canadian company sending the participant. There must be an indefinite contract of employment between the Canadian participant in the Program and the Canadian company sending him or her to Austria.
  3. It must be guaranteed that the Austrian terms and conditions regarding work and wages as well as the Austrian laws and regulations as regards social security are observed in respect of the practical training in the Austrian training company. International agreements will remain unaffected thereby. In any case, Canadian participants have to prove to the Austrian embassy or professional consular mission in Canada that there exists a comprehensive medical insurance for them for the entire period of stay in Austria. This medical insurance has to cover all the medical and hospitalization costs during their stay in Austria.
  4. The practical training must not lead to any displacement (dismissal or release or termination) of Austrian employees or permanent resident foreign employees, and the activities should primarily be for the purposes of training in the company, without excluding some hands-on training in the context of the training program. Practical training for work which is normally carried out in Austria by companies belonging to the business classes Building Construction and Civil Engineering, Construction Plumbing and Fitting. Other Construction Work and leasing of Building Machinery and Building Equipment with Operating Personnel is not covered by this Program.

3. On submission of a transfer licence, Canadian participants will be issued a residence permit directly by the Austrian Embassy or a professional consular mission in Canada. On submission of a clearance certificate, Canadian participants will be issued a residence permit by the competent Austrian authorities via the Austrian Embassy or a professional consular mission in Canada. The residence permit entitles them to multiple entries and temporary residence in Austria. With the transfer licence (for four months) the practical training can be started immediately upon receipt of a residence permit. The clearance certificate is valid for submission for a period up to thirty-six (36) weeks. Within this period, the Canadian participant must apply for a residence permit. After a residence permit has been issued, the Austrian company where the participant is to undergo training will, upon application, receive an employment permit from the competent regional Office of the Austrian Employment Service. After the employment permit has been issued, the Canadian participant in the Program can start working in the Austrian company. The Federal Ministry of Labour, Health and Social Affairs will ensure that the necessary process to obtain the relevant documents is expedited in a timely and efficient manner.

Neither the employment permit nor the transfer licence will allow the Canadian participant to switch to permanent employment. Periods of employment logged under an employment permit or a transfer licence issued in the framework of this Program cannot be credited towards employment periods by which entitlements to engage in employed work are acquired under other legal regulations.

4. Canadian participants in the Canada-Austria Intra-and Partner Company Training Program will be required to comply with the laws and regulations of Austria end will not be eligible for social support or other benefits from the Republic of Austria.

5. The Austrian authorities reserve the right to refuse any particular application they receive. In accordance with the relevant Austrian laws, regulations and guidelines regarding entry, stay and employment, they may refuse entry of any participants in the Canada-Austria Intra- and Partner Company Training Program or remove any person from the country who has obtained entry under the Program.

ANNEX C

CANADA-AUSTRIA YOUNG WORKERS' EXCHANGE PROGRAM CONDITIONS FOR AUSTRIAN APPLICANTS

1. An applicant must:

  1. Be a holder of a valid Austrian passport and have a residence in Austria;
  2. Be between the ages of eighteen (18) and thirty (30), both inclusive, at the time of application for a Canada-Austria Young Workers' Exchange Program authorization, except in those cases where the competent authorities of both parties decide to extend the limitation of age 10 thirty-five (35) years;
  3. Be a graduate of a recognized university or similar institute. or hold a diploma or post­secondary certification from a technical institute or equivalent teaching institution which has programs in the fields of tourism or agriculture or forestry
  4. Have no criminal conviction;
  5. Have no accompanying dependants;
  6. Satisfy a Canadian visa officer that he/she does not intend to overextend his/her stay in Canada beyond the envisaged period;
  7. Possess a return air ticket or sufficient funds with which to purchase such a ticket and a bona fide job offer from a Canadian employer in a field related to his/her formal training;
  8. Possess sufficient funds for his/her maintenance during his/her initial stay in Canada;
  9. Be employed, for the purpose of this Program, by a Canadian corporation or institution in the sectors of tourism or agriculture or forestry;
  10. Be prepared to pay a visa fee or program participation fee.

2. Austrian applicants who satisfy the above requirements will be issued a Letter of Introduction by the Canadian Immigration Office in Vienna valid for presentation for a period of twelve (12) months from the date of issue. Successful applicants who possess the aforementioned Letter of Introduction will be issued an Employment Authorization on arrival in Canada valid tor a period of not more than six (6) months from the date of entry without any possibility of extension. When necessary, applicants will be interviewed by representatives of the competent mission to determine their eligibility.

The Canadian employer must observe towards the Austrian participants the Canadian terms and conditions regarding work and wages as well as the Canadian laws and regulations as regards social security, International agreements will remain unaffected thereby.

3. Austrian applicants must not be refused an authorization under the Canada-Austria Young Workers' Exchange Program solely on the grounds of their lack of knowledge of the English or French languages.

4. Austrian participants in the Canada-Austria Young Workers' Exchange Program will be required to comply with the laws and regulations of Canada. Participants in the Canada-Austria Young Workers' Exchange Program may not change their status to that of student, long-term permit holder or long-term visitor and may not apply for further work permits under the Program.

5. Austrian participants in the Canada- Austria Young Workers' Exchange Program will not be eligible for social support or other benefits from the Government of Canada. Participants in the Canada- Austria Young Workers' Exchange Program will be required to be responsible for their medical and hospitalization costs while in Canada, and are expected to take out and maintain comprehensive medical insurance for the entire period of their visit.

6. The Government of Canada reserves the right to refuse any particular application it receives. It may refuse the entry into its territory of any participants in the Canada· Austria Young Workers' Exchange Program or remove any person from the country who has obtained entry under the Program, in accordance with the relevant Canadian laws, regulations and guidelines regarding entry, stay and employment.

ANNEX D

CANADA-AUSTRIA YOUNG WORKERS' EXCHANGE PROGRAM CONDITIONS FOR CANADIAN APPLICANTS

1. An applicant must:

  1. Be a holder of a Canadian passport valid for a period of three months beyond the termination of the practical training in Austria and must have a residence in Canada:
  2. Be between the ages of eighteen (18) and thirty (30), both inclusive, at the time of application for admission to the Canada-Austria Young Workers' Exchange Program, except in those cases where the competent authorities of both parties decide to extend the limitation of age to thirty-five (35) years;
  3. Be a graduate of a recognized university or similar institute, or hold a diploma or post- secondary certificate from a teaching institution in the fields of tourism or agriculture or forestry;
  4. Have no criminal conviction;
  5. Have no accompanying dependents;
  6. Possess a return air ticket or sufficient funds with which to purchase such a ticket;
  7. Possess sufficient funds for his/her maintenance, during his/her initial stay in Austria;
  8. Undergo a medical examination before starting practical training if this is required by law with a view to the specific training or activity in question;
  9. Be prepared to pay a visa fee or program participation fee;
  10. In accordance with the relevant Austrian laws, regulations and guidelines regarding entry, stay and employment, an Austrian training company (ie. an operation in tourism or in agriculture or forestry) will be issued, upon application, an employment permit for a Canadian participant in the Program under the relevant Austrian ordinance regulating seasonal employment (in tourism or agriculture or forestry). Such an employment permit will be valid for a maximum period of Six months.

2. On request, Canadian participants who satisfy the above requirements will, on submission of their seasonal employment permit, be issued a residence permit for the duration of the employment permit by an Austrian diplomatic or professional consular mission in Canada. The Austrian employer must observe the Austrian terms and conditions regarding work and wages as well as the Austrian laws and regulations as regards social security. International agreements will remain unaffected thereby.

3. Canadian participants will not be refused an employment permit under the Canada- Austria Young Workers' Exchange Program solely on the grounds of their lack of knowledge of the German language.

4. Canadian participants in the Canada-Austria Young Workers' Exchange Program will be required to comply with the laws and regulations of Austria. They may not apply for further employment permits under the Program and will not on account of their temporary employment acquire any rights to permanent employment or a right to permanent residence. Periods of employment logged under a seasonal employment permit cannot be credited towards employment periods by which entitlements to engage in employed work are acquired under other legal regulations.

5. Canadian participants in the Canada- Austria Young Workers' Exchange Program will not be eligible for social support or other benefits from the Republic of Austria.

6. The Austrian authorities reserve the right to refuse any particular application they receive. In accordance with the relevant Austrian laws, regulations and guidelines regarding entry, stay and employment, they may refuse entry of any participants in the Canada-Austria Young Workers' Exchange Program or remove any person from the country who has obtained entry under the Program.

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Date Modified:
2012-10-29