MEMORANDUM OF UNDERSTANDING BETWEEN
THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF AUSTRALIA CONCERNING YOUTH MOBILITY
THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF AUSTRALIA (hereinafter referred to as the “Participants"),
In a spirit of promoting close cooperative relations between Australia and Canada;
Wishing to encourage exchanges, cooperation and partnership between the two countries and to enhance the excellence and competitiveness of educational institutions and of businesses, particularly small and medium-sized businesses, in the two countries;
Knowing the value of facilitating youth exchanges and recognizing that Canadian youth can avail themselves of other Australian immigration employment and training opportunities outside the Working Holiday Maker Programme;
Have reached the following understanding:
Each Participant declares its readiness to facilitate the entry and stay of the other Participant's nationals in its country, consistent with its own laws and public policy, pursuant to the application of this Memorandum of Understanding.
2) ELIGIBILITY REQUIREMENTS APPLICABLE TO YOUTH UNDER THIS MEMORANDUM OF UNDERSTANDING
- To be eligible for consideration for participation under this Memorandum of Understanding, Canadian youth will need to intend to stay in Australia for tourism and cultural discovery while being authorized to work in order to supplement their financial resources.
- To be eligible for consideration for participation under this Memorandum of Understanding, Australian youth will need to:
- be university or college graduates who intend to obtain further training under a contract of employment in Canada and to increase their knowledge of Canada's languages, society and culture;
- be university or college students who intend to complete part of their curriculum in a Canadian post-secondary institution as part of an inter-institutional work -study agreement;
- intend to complete a work placement under a contract of employment in Canada as part of their studies or training; or
- intend to stay in Canada for tourism and cultural discovery while being authorized to 'Nark in the country in order to supplement their financial resources.
3) CRITERIA GUIDING ADMISSlBlLITY REQUIREMENTS
- Young Canadians who fall under Paragraph 2(a) may apply to benefit from the application of this Memorandum of Understanding, electronically through the Internet or to any diplomatic or consular mission of Australia. Young Canadians who have undertaken at least three months of seasonal work in regional Australia on a Working Holiday visa may also apply to an Immigration Office in Australia,
- Young Australians who fall under one of the categories referred to in Paragraph 2(b) may apply to benefit from the application of this Memorandum of Understanding, to a diplomatic or consular mission of Canada located in the territory of the country of which they are nationals or in which they have been lawfully admitted.
- Young Canadians and Australians who fall under Paragraph 2(a) or one of the categories referred to in Paragraph 2(b), as the case may be, will be eligible provided they meet the following requirements:
- meet admissibility and other requirements of Canadian and Australian immigration legislation and policy, to the extent not already set out in subparagraphs (ii) to (xiii) below;
- be between the ages of 18 and 30 inclusive on the date the application is made;
- not be accompanied by dependants;
- be a Canadian or Australian citizen holding a valid Canadian or Australian passport;
- be in possession of a departure ticket or sufficient financial resources to purchase such a ticket and have the financial resources necessary to support themselves at the beginning of their stay;
- pay the current application or participation fee;
- in the case of Canadian nationals, have good health and character;
- in the case of Australian nationals, have taken out comprehensive insurance coverage that is valid for the duration of their stay, in accordance with Canadian provincial and territorial health and safety coverage and, if they cannot qualify for the social welfare system in Canada, prove that they have insurance for health care, including hospitalization and repatriation, for the duration of their stay. Canadian nationals are expected to have the same insurance for health care;
- in the case of Canadian nationals, have not previously entered Australia under the Working Holiday Maker Programme unless they undertook at least three months of seasonal work in regional Australia during that stay;
- in the case of Australian nationals, purchase additional work insurance coverage while in Canada when required;
- as the case may be, participating Australian nationals will:
- provide documentation proving that they are pre-registered or registered in an Australian post-secondary educational institution;
- show that they have obtained either a job or a work placement under a contract of employment in Canada;
- confirm if the stay is for tourism and cultural discovery, that they intend to vacation in Canada, on an individual basis, with the possibility of holding paid employment to supplement their financial resources; and
- in the case of Canadian nationals, declare their intention to primarily holiday in Australia.
- Australian youth may benefit from the application of this Memorandum of Understanding on more than one occasion under the same or different categories referred to in Paragraph 2(b).
- In the case of Canadian nationals, each stay in Australia may not exceed 12 months, unless a further visa is obtained authorizing the holder to remain in Australia. As a pilot provision, in the case of Australian nationals, each stay in Canada may not exceed 24 months.
- Young Canadians and Australians may leave and re-enter the other Participant's country during the period of their authorized stay under this Memorandum of Understanding.
- Canadian nationals may undertake studies in Australia for up to four months. Australian nationals will need to apply for a study permit if they are to undertake studies for more than six months.
4) REQUIREMENTS PERTAlNlNG TO APPROPRIATE DOCUMENTS FOR ACCESS AND STAY
- Subject to public policy considerations and the applicable immigration legislation, each Participant will issue to the other country's eligible nationals a document granting access to its territory for a predetermined period of validity and stating the reason for the stay. For Canada this document will be a letter of introduction referring to this Memorandum of Understanding and for Australia it will be a Working Holiday visa, which includes work and stay rights (stipulated in this Memorandum of Understanding) that are valid for the period of the visa.
- The access documents described in the preceding paragraph will be issued by the other country's diplomatic or consular mission that serves as the immigration office for processing such documents for applications that arise in the country where the youth submitted his/ her application, or for Canadian nationals, by an Immigration Office in Australia or electronically.
5) REQUIREMENTS PERTAlNlNG TO WORK AUTHORIZATIONS
- Canadian nationals benefiting from the application of this Memorandum of Understanding will receive a Working Holiday visa entitling them to undertake any kind of work for twelve months, provided they do not exceed. six months with any employer, without reference to the labour market situation.
- Australian nationals who are issued a letter of introduction will receive, upon their arrival in Canada and without reference to the labour market situation, a work permit valid for the duration of their authorized stay.
6) VALIDITY OF DOCUMENTATION
Work permits issued by the Government of Canada pursuant to a letter of introduction will be valid throughout Canada; and visas issued by the Government of Australia will be valid throughout Australia.
7) PARTICIPATING YOUTH OBLIGATIONS AND PRIVILEGES
- Nationals of either country staying in the other country under this Memorandum of Understanding will be required to obey the laws in force in the host country, particularly with regard to the practice of regulated professions.
- The laws and regulations of the host country relating to unemployment benefits, working conditions and wages will apply; in the case of Canada, the laws and regulations relating to working conditions and wages primarily fall within the competence of the provinces and territories.
- Either Participant may, consistent with its own law, remove from its country a national of the other Participant's country who has obtained entry under this Memorandum of Understanding. Where such a person cannot or will not supply travel documents to the host Participant, the other Participant will assist in organising the departure of that national by seeking to provide travel documents for that person after verifying that the person is a national of its country.
8) FACILITATION OF THE PROGRAM
The Participants will encourage the relevant organizations in their respective countries to lend their support to the application of this Memorandum of Understanding, notably by giving each other's nationals appropriate advice so that they can obtain information and look for work placements or employment.
9) FINAL PROVISIONS
- This Memorandum of Understanding will become effective on 1 January 2008 and will remain in effect unless terminated or suspended. Either Participant may terminate this Memorandum of Understanding on providing three months' written notice to the other through diplomatic channels.
- The Participants will review this Memorandum of Understanding, including its impact and operation, after a period of three years from the date of its effect,
- Either Participant may temporarily suspend this Memorandum of Understanding, in part or in whole, for reasons of public security, public order or immigration risk. Any suspension and the dates of its effect will be done by giving the other Participant written notice through diplomatic channels.
- Either Participant may amend this Memorandum of Understanding at any time by written arrangement through diplomatic channels.
- The suspension or termination of this Memorandum of Understanding will not affect persons already admitted under the provisions of this Memorandum of Understanding.
Signed in duplicate at Canberra, this tenth day of September 2007, in the English and French languages, each version being equally valid.
FOR THE GOVERNMENT OF CANADA: FOR THE GOVERNMENT OF AUSTRALIA