MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA CONCERNING THE WORKING HOLIDAY ARRANGEMENT
THE GOVERNMENT OF CANADA and THE GOVERNMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE'S REPUBLIC OF CHINA (the HKSAR), hereinafter jointly referred to as "the Participants",
IN A SPIRIT of promoting close cooperative relations between Canada and the HKSAR;
DESIROUS of providing wider opportunities for the youth of Canada and the HKSAR to appreciate the culture and general way of life of the other for the purpose of promoting mutual understanding between Canada and the HKSAR;
HAVE REACHED the following understanding:
The Participants will, in accordance with this Memorandum of Understanding (MOU), simplify and facilitate the administrative procedures applicable when persons from Canada and the HKSAR, qualified under this MOU, intend to enter and remain in the other jurisdiction to improve their knowledge of the other's language(s), culture and society through a travel, life and work experience.
2. QUALIFYING REQUIREMENTS
- The Participants will consider qualified to benefit from the application of this MOU, persons of either jurisdiction who meet the following requirements:
- Submit an individual application to:
- For Canadian citizens: the Chinese Embassy and Consulates-General in Canada, and the Immigration Department in the HKSAR; or
- For residents of the HKSAR: the Canadian diplomatic mission or consular office responsible for the HKSAR or the Canadian diplomatic mission or consular office responsible for the territory in which they have been lawfully admitted.
- Comply with all relevant immigration legislation and regulations, including admissibility, of the other jurisdiction, to the extent not already set out in sub-paragraphs (iii) to (ix) below;
- Be between the ages of 18 and 30 inclusive on the date that the application is submitted pursuant to paragraph 2(a)(i);
- Be a Canadian citizen holding a valid Canadian passport or be ordinarily resident in the HKSAR holding a valid HKSAR passport or a valid British National (Overseas) passport;
- Be in possession of a departure ticket or sufficient financial resources to purchase such a ticket and have proof of the financial resources necessary to provide for their needs at the beginning of their authorized period of stay;
- Not be accompanied by dependant(s) under their application pursuant to paragraph 2(a)(i) so as to benefit from the application of this MOU;
- Pay the applicable fee(s), which include(s) but not limited to the fee for a Visa;
- Accept to purchase, prior to entering the other jurisdiction, insurance for medical and health care, including hospitalization, repatriation and liability, for their entire authorized period of stay;
- Confirm that their intention is to improve their knowledge of the other's language(s), culture and society through travelling in the other jurisdiction and work to supplement their financial resources.
- The Participants will permit qualified persons to benefit from the application of this MOU only once. The duration of the authorized period of stay may not exceed twelve (12) months.
- The Participants will not consider persons to be unqualified solely on the grounds of their lack of knowledge of the language(s) of the other jurisdiction.
3. ENTRY AND STAY
- Subject to considerations of public interest, public order, national security and public health, the Government of Canada will:
- issue to qualified residents of the HKSAR who satisfy all of the requirements as set out in paragraph 2, a letter of introduction and, if applicable, a visa, which facilitate entry to Canada; and
- upon their arrival in Canada and without reference to the Canadian labour market situation, a work permit valid for the maximum period of twelve (12) months, provided that they meet all relevant requirements of the Canadian immigration legislation and regulations.
- Subject to considerations of public interest, public order, public security and public health, the Government of the HKSAR will:
- issue to qualified Canadian citizens who satisfy all of the requirements as set out in paragraph 2, a working holiday visa valid for presentation to enter the HKSAR within a period of three (3) months; and
- grant to qualified Canadian citizens holding a valid working holiday visa pursuant to the preceding subparagraph, permission to remain in the HKSAR for the maximum period of twelve (12) months.
- (Either of the Participants may, consistent with its laws and regulations, refuse the entry of any person to benefit from the application of this MOU, or remove any such person if it considers the person to be inadmissible.
4. GENERAL PROVISIONS
Qualified Canadian citizens and residents of the HKSAR who are benefiting from the application of this MOU are subject to the laws and regulations in force in the host Participant, particularly with regard to employment standards, including wages, working conditions, employment insurance benefits and occupational health and safety.
- In the case of Canada, the laws and regulations relating to employment standards primarily fall within the jurisdiction of the provinces and territories.
- In the case of the HKSAR, Canadian citizens who are benefiting from the application of this MOU will not be permitted to engage in permanent employment and should not normally be permitted to work for the same employer for more than three (3) months during their authorized period of stay.
- The Participants will set, through exchanges of written communications, the number of persons per year, based on reciprocity, who will be permitted to benefit from the application of this MOU.
- The Participants will determine individually and inform each other, through exchanges of written communications, the minimal amount of financial resources required under paragraph 2(a)(v).
The Participants will resolve any question that may arise with regard to the interpretation, application or possible suspension of any part of this MOU by means of consultation through official channels.
7. FINAL DISPOSITIONS
- This MOU will take effect on 1 March 2010.
- The Participants may amend this MOU at any time following discussion, upon their mutual written consent.
- Either of the Participants may temporarily suspend the application of this MOU, in whole or in part, for reasons of public security, public order, public health or immigration consideration. The Participant will notify the other of any such suspension, and the date of its effect, in writing through official channels.
- Either of the Participants may terminate the application of this MOU by giving three (3) months written notice to the other Participant.
- Termination or suspension of this MOU will not affect the entry and/or stay of persons who already hold a valid letter of introduction pursuant to paragraph 3(a)(i) or a valid working holiday visa pursuant to paragraph 3(b).
SIGNED in duplicate in Hong Kong, this 6th day of December two thousand and nine, in the English, French and Chinese languages, each version being equally valid.
FOR THE GOVERNMENT OF CANADA FOR THE GOVERNMENT OF THE HONG KONG
SPECIAL ADMINISTRATIVE REGION OF
THE PEOPLE'S REPUBLIC OF CHINA