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MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE NETHERLANDS CONCERNING A WORKING HOLIDAY PROGRAM AND A YOUNG WORKERS EXCHANGE PROGRAM
The Government of Canada and the Government of the Netherlands (hereinafter referred to as "the Parties"),
In a spirit of promoting close cooperative relations between Canada and the Netherlands, Desirous of providing wider opportunities for citizens 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 Netherlands,
Committed to fulfill 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,
Wishing to provide arrangements for citizens of each country, particularly youth, which are intended to make it possible for Dutch citizens to enter Canada and Canadian citizens to enter the Netherlands primarily to holiday for an extended period and also engage in employment as an incidental aspect of their holiday in order to supplement their travel,
Wishing also to provide arrangements for citizens of each country, particularly youth, which are intended to make it possible for Dutch citizens to enter Canada and Canadian citizens to enter the Netherlands to obtain experience in their field of study,
Have reached the following understanding about (A) a Working Holiday Program and (B) a Young Workers Exchange Program:
(A) WORKING HOLIDAY PROGRAM
Responsibilities of the Government of Canada
The Government of Canada, through a Canadian immigration office responsible for the Netherlands, will, on application by Dutch citizens, issue a Letter of Introduction, with an Employment Authorization on arrival in Canada, valid for presentation for a period of twelve (12) months from the date of issue to persons who satisfy each of the following requirements:
- are citizens of the Netherlands resident in the Netherlands;
- are between the ages of eighteen (18) and thirty (30), both inclusive, at the time of application for a Working Holiday Program authorization.
- are not accompanied by dependents;
- possess a valid Dutch passport;
- possess a return ticket, or sufficient funds to purchase such a ticket;
- possess sufficient funds for their maintenance during the initial period of stay in Canada;
- agree to hold medical and comprehensive hospitalization and liability insurance to remain in force throughout their stay in Canada; and
- undergo a medical examination by a physician recognized by the Canadian government, to obtain authorization to visit Canada should they wish to undertake work which brings them into close contact with people, namely in health services field occupations, primary or secondary school teaching, or child care;
- have no criminal conviction;
- are prepared to pay the prescribed fee; and
- satisfy the Canadian visa officer that the primary intention is to holiday in Canada with employment being an incidental rather than a primary reason for the visit;
Successful Dutch 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 without any possibility of extension. When necessary, Dutch applicants will be interviewed by representatives of the aforementioned Canadian Immigration Office to determine their eligibility.
Responsibilities of the Government of the Netherlands
The Government of the Netherlands, through its Embassy and consulates in Canada, will, on application by Canadian citizens, issue free of charge an authorization for temporary stay (“Machtiging tot Voorlopig Verblijf) valid for presentation for a period of six (6) months from the date of issue to persons who satisfy each of the following requirements:
- are citizens of Canada, resident in Canada;
- are between the ages of eighteen (18) and thirty (30), both inclusive, at the time of application for a Working Holiday Program authorization;
- are not accompanied by dependents;
- possess a valid Canadian passport;
- possess a return ticket, or sufficient funds to purchase such a ticket;
- possess sufficient funds for their maintenance during the initial period of stay in the Netherlands;
- agree to hold medical and comprehensive hospitalization and liability insurance to remain in force throughout their stay in the Netherlands;
- have no criminal conviction;
- are prepared to pay the prescribed fee for the residence permit (mentioned hereafter); and
- satisfy the Dutch visa officer that the primary intention is to holiday in the Netherlands with employment being an incidental rather than a primary reason for the visit.
The Government of the Netherlands, through its offices of the Aliens Police ("Vreemdelingendienst"), will issue as soon as possible a residence permit ("Verblijfsvergunning") valid for maximum one year starting from the day following the day of entering the Netherlands without any possibility of extension, to Canadian citizens, who meet the aforementioned requirements.
Canadian citizens who are in possession of a residence permit; issued on the basis of the Working Holiday Program, are freely allowed to engage in employment. The Government of the Netherlands has taken measures to exempt the participants in the Working Holiday Program from the requirement of an employment permit ("tewerkstellingsvergunning"). Canadian citizens, holding an authorization for temporary stay which they have presented to the Aliens Police, are freely allowed to take up employment.
(B) YOUNG WORKERS EXCHANGE PROGRAM
Responsibilities of the Government of Canada
The Government of Canada, through a Canadian immigration office responsible for the Netherlands, will, on application by Dutch citizens, issue a Letter of Introduction, with an Employment Authorization on arrival in Canada, valid for presentation for a period of twelve (12) months from the date of issue to persons who satisfy each of the following requirements:
- are citizens of the Netherlands resident in the Netherlands;
- are between the ages of eighteen (18) and thirty (30), both inclusive, at the time of application for a Young Workers Exchange Program authorization,
- are not accompanied by dependents;
- possess a valid Dutch passport;
- possess a return ticket, or sufficient funds to purchase such a ticket;
- possess sufficient funds for their maintenance during tile initial period of stay in Canada;
- agree to bold medical and comprehensive hospitalization and liability insurance to remain in force throughout their stay in Canada; and
- undergo a medical examination by a physician recognized by the Canadian government, to obtain authorization to visit Canada should they wish to undertake work which brings them into close contact with people, namely in health services field occupations, primary or secondary school teaching, or child care;
- have no criminal conviction;
- are prepared to pay the prescribed fee; and
- are students at/or a graduate within the previous (12) months of a recognized education institution;
- submit a letter of acceptance by the employer for work related to the field of study.
Successful Dutch 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 without any possibility of extension. When necessary, Dutch applicants will be interviewed by representatives of the aforementioned Canadian Immigration Office to determine their eligibility.
Responsibilities of the Government of the Netherlands
The Government of the Netherlands, through its Embassy and consulates in Canada, will, on application by Canadian citizens, issue free of charge an authorization for temporary stay ("Machtiging tot Voorlopig Verblijf") valid for presentation for a period of six (6) months from the date of issue to persons who satisfy each of the following requirements:
- are citizens of Canada resident in Canada;
- are between the ages of eighteen (18) and thirty (30), both inclusive, at the time of application for a Young Workers Exchange Program authorization;
- are not accompanied by dependents;
- possess a valid Canadian passport;
- possess a return ticket, or sufficient funds to purchase such a ticket;
- possess sufficient funds for their maintenance during the initial period of stay in the Netherlands;
- agree to bold medical and comprehensive hospitalization and liability insurance to remain in force throughout their stay in the Netherlands;
- have no criminal conviction;
- are prepared to pay the prescribed fee for the residence permit (mentioned hereafter); and
- are students at/or a graduate within the previous (12) months of a recognized education institution;
- submit a letter of acceptance by the employer for work related to the field of study.
The Government of the Netherlands, through its offices of the Aliens Police ("Vreemdelingendienst"), will issue as soon as possible a residence permit ("Verblijfsvergunning") valid for maximum one year starting from the day following the day of entering the Netherlands without any possibility of extension, to Canadian citizens, who meet the aforementioned requirements.
Canadian citizens holding an authorization for temporary stay, issued on the basis of the Young Workers Exchange Program, and an employment permit are considered trainees as that is understood by Dutch legislation and are allowed to take up employment
General provisions for applicants and participants
Applicants will not be refused an authorization under either Program solely on the grounds of their lack of knowledge of the Dutch, English or French language.
General provisions for either of the Parties
Either of the Parties reserves the right to refuse any particular application it receives. Either of the Parties may refuse the entry into its territory of any participants in either Program or remove any person from the country who has obtained entry under either Program, in accordance with existing immigration legislation and policy.
The Canada/Netherlands Working Holiday Program and Young Workers Exchange Program will be implemented generously and on the basis of reciprocity.
Suspension
Either of the Parties may suspend reciprocally the foregoing provisions in whole or in part temporarily for reasons of public policy.
Amendments
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. Any question that might arise with regard to the interpretation, application or possible suspension of this Memorandum of Understanding will be resolved by the Ministries responsible for Foreign Affairs of Canada and of the Netherlands, by means of consultations through diplomatic channels.
Termination
Either of the Parties may terminate this Memorandum by giving three months’ written notice to !the other Party.
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 authorization, will be permitted to enter and /or remain in such country and to work until such authorization expires, in accordance with existing immigration legislation and policy.
Entry into effect
This Memorandum will take effect on March 28, 2002 and will continue for an indefinite period.
Relationship to Prior Understandings
This Memorandum of Understanding supersedes the Memorandum of Understanding between the Government of Canada and the Government of The Netherlands concerning a Working Holiday Program, signed in The Hague on June 23, 2000.
Signed in duplicate
in The Hague:
This 14th day of March, 2002.
In English, French and Dutch languages, all versions being equally valid.
For the Government of Canada
Serge April
Ambassador of Canada
For the Government of the Netherlands
Peter van Wulfften Palthe
Director General for Regional Policy and
Consular Affairs, Ministry of Foreign Affairs
