MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF CHILE CONCERNING YOUTH MOBILITY
THE GOVERNMENT OF CANADA and THE GOVERNMENT OF THE REPUBLIC OF CHILE (hereinafter referred to as the "Participants"),
IN A SPIRIT of promoting close cooperative relations between Canada and Chile;
INTENDING 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;
INTENDING to increase opportunities for their young nationals to acquire university or college education, employment experience or practical workplace experience, and to improve their knowledge of the other country's languages, culture, and society and thereby promote mutual understanding between the two countries; and
CONVINCED of the value of facilitating such youth exchanges;
HAVE REACHED the following understanding:
The Participants will simplify the administrative procedures that apply when their young nationals intend to enter and stay in the other country to acquire university or college education, employment experience or practical workplace experience and to improve their knowledge of the other country's languages, culture and society.
2 ELIGIBILITY REQUIREMENTS
To be eligible for consideration for participation under this Memorandum of Understanding (MOU), youth will need to meet one of the following requirements:
- be young university or college graduates who intend to obtain further training under a contract of employment in the other country and to increase their knowledge of the other country's languages, society and culture;
- be young university or college students who intend to complete part of their curriculum in an institution in the other country as part of an inter-institutional work-study agreement;
- be young people who intend to complete a work placement under a contract of employment in the other country as part of their studies or training; or
- be young people who intend to stay in the other country for tourism and cultural discovery while being authorized to work in that country in order to supplement their financial resources.
3 CRITERIA GUIDING ADMISSIBILITY REQUIREMENTS
- Young people who fall under one of the categories referred to in Paragraph 2 and who have applied to benefit from the application of this MOU, to a diplomatic or consular mission of the other country located in the territory of the country of which they are nationals or in which they have been lawfully admitted, will be eligible provided they meet the following requirements:
- meet admissibility and other requirements of the applicable Canadian and Chilean immigration legislation and policy, to the extent not already set out in subparagraphs (ii) to (ix) below;
- be between the ages of 18 and 35 on the date the application is made;
- be a Canadian citizen or Chilean national holding a valid Canadian or Chilean passport;
- be in possession of a departure ticket or sufficient financial resources to be able 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 and any relevant visa fees;
- have taken out comprehensive health care insurance, including for hospitalization and repatriation;
- not be accompanied by dependents;
- while in Canada, participating nationals of Chile will purchase additional work insurance coverage when required; and
- as the case may be:
- provide documentation proving that they are preregistered or registered in a post-secondary educational institution;
- show that they have obtained either a job or a work placement under a contract of employment; or
- confirm, if the stay is for tourism and cultural discovery, that they intend to vacation in the other country, on an individual basis, with the possibility of holding paid employment in that country to supplement their financial resources.
- Youth may benefit from the application of this MOU on more than one occasion. Each stay may not exceed one year.
4 REFUSAL OF APPLICATIONS
The Participants understand that either may refuse any particular application it receives.
5 REQUIREMENTS PERTAINING TO APPROPRIATE DOCUMENTS FOR ACCESS AND STAY
- Subject to respective immigration and residency legislation and policy, each Participant will issue to the other country's eligible nationals documents granting access to its territory for a predetermined period of validity and stating the reason for the stay. Canada will provide Chilean nationals with a temporary resident visa and a letter of introduction, both of which will refer to this MOU. Chile will provide Canadian nationals with a temporary resident visa, which will refer to this MOU.
- 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 to benefit from the application of this MOU.
6 REQUIREMENTS PERTAINING TO WORK AUTHORIZATIONS
- Canadian citizens benefiting from the application of this MOU and who intend to work in Chile will not require any additional documents in order to do so. Without reference to the labour market situation, the temporary resident visa issued prior to departure for Chile will authorize the Canadian national to work in Chile, and will be valid for the duration of their authorized stay.
- Chilean nationals benefiting from the application of this MOU and who intend to work in Canada will receive, upon their arrival in Canada and without reference to the labour market situation, a work permit issued by the Government of Canada that will be valid for the duration of their authorized stay.
7 VALIDITY OF DOCUMENTATION
Work permits issued by the Government of Canada will be valid throughout Canada and the temporary resident visas which refer to this MOU issued by the Government of Chile will be valid throughout Chile.
8 PARTICIPATING YOUTH OBLIGATIONS AND PRIVILEGES
- Canadian citizens and Chilean nationals staying in the other country under this MOU will be subject to 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 Participants understand that the laws and regulations relating to working conditions and wages primarily fall within the competence of the provinces and territories.
9 FACILITATION OF THE PROGRAM
The Participants will encourage the relevant organizations in their respective countries to lend their support to the application of this MOU, notably by giving each other's nationals appropriate advice so that they can obtain information and look for work placements or employment.
10 INDIVIDUAL FINANCIAL RESOURCES
The minimum amount of resources required under paragraph 3, sub paragraph (a) section (v) will be established by mutual written acceptance of the Participants.
11 FINAL PROVISIONS
- Either Participant may temporarily suspend this MOU, in part or in whole, for reasons of public security, public order or immigration risk. Either Participant may terminate this MOU. Any suspension or termination and the dates of its effect will be done by giving the other Participant written notice through diplomatic channels. The suspension or termination of this MOU will not affect persons already admitted under its provisions.
- The Participants may modify this MOU by mutual understanding in writing.
- This Memorandum of Understanding in the English French and Spanish languages will become effective June 9, 2008 the date of the signature of a Declaration to that effect.