MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF COSTA RICA CONCERNING YOUTH MOBILITY
THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF COSTA RICA, hereinafter referred to as "the Participants",
CONSIDERING the Technical Co-operation Agreement between the Government of Canada and the Government of Costa Rica, done at San Jose on 24 July 1973, and specifically Articles 1, 11 and 12;
DESIRING to promote close co-operation between their countries;
WITH THE PURPOSE to facilitate access to cultural exchanges that enable youth to gain a better understanding of the other Participant's language(s), culture and society through a travel, work and life experience abroad;
INTENDING to encourage youth mobility for the purpose of enhancing the personal and professional development of participating youth;
HAVE COME to the following understanding:
The Participants will simplify and facilitate the administrative procedures applicable to citizens of the other country who intend to enter and stay in their territory to complement their post-secondary education, to obtain employment or practical workplace experience, or to improve their knowledge of the other country's languages, culture and society.
2. ELIGIBILITY REQUIREMENTS
The Participants will consider their citizens who meet the following characteristics to be eligible to benefit from the application of this Melll0randuln of Understanding (MOU):
- Citizens, including post-secondary graduates, who intend to obtain further training in the host country under a pre-arranged contract of employment in support of their career development;
- Registered students of a post-secondary institution in their home country who intend to complete part of their academic curriculum in the host country by doing a pre-arranged internship or work placement, including in the context of an inter-institutional arrangement between post-secondary institutions;
- Citizens, including registered students, who intend to travel in the host country and who intend to work to supplement their financial resources.
3. QUALIFYING REQUIREMENTS
- The Participants will consider qualified to benefit from the application of this MOU, eligible citizens who submit an individual application to the other country's diplomatic mission or consular post responsible for the country of which they are citizens or in which they have been lawfully admitted, provided they meet the following requirements:
- Meet all requirements of Costa Rican and Canadian in1migration legislation and regulations, including admissibility, to the extent not already set out in sub-paragraphs (ii) to (x) below;
- Be between the ages of 18 and 35 inclusively on the date the application is received by the mission or consular office;
- Be a Costa Rican or Canadian citizen holding a Costa Rican or Canadian passport with a validity date exceeding the expected period of stay under this MOU;
- Be in possession of a departure ticket to leave the host country or sufficient financial resources to purchase such transportation;
- Not be accompanied by dependants under their application to benefit from this MOU;
- Have proof of the financial resources necessary to provide for their needs at the beginning of their stay;
- Pay the applicable fees;
- Accept to purchase insurance for health care, including hospitalization and repatriation, for the duration of their authorized stay prior to arriving in the host country;
- While in Canada the Costa Rican participant will purchase additional occupation specific insurance when required.
- As the case may be:
- Show that they have obtained either a pre-arranged contract of employment, internship or work placement in the host country; or
- Provide documentation proving registration at a postsecondary institution in their home country and that they have obtained a pre-arranged work placement in the host country to complete part of their academic curriculum; or
- Confirm their intention to travel in the host country and work to supplement their financial resources.
- The Participants understand that qualified eligible citizens may benefit up to a maximum of two times from the application of this MOU, provided that it is under two different categories set out in paragraph 2. The stays should be discontinuous. The duration of each stay should not exceed one year.
4. ACCESS AND STAY
- Subject to public policy considerations, each Participant will issue to the other country's qualified citizens pursuant to paragraph 3, a document facilitating access to its territory. This document will be valid for a maximum of one year and will specify the reason for the stay. In the case of Canada, this document will consist of a letter of introduction and, if applicable, a temporary resident visa. In the case of Costa Rica, this document will consist of a temporary permit of residence, under the special category of student or intern.
- Canada will issue the documents, defined in the preceding sub-paragraph, to qualified citizens through its diplomatic mission or consular post where the application was submitted pursuant to paragraph 3. Costa Rica will issue the documents, defined in the preceding sub-paragraph, to qualified citizens through its competent national authorities in conformity with its relevant legislation.
5. WORK AUTHORIZATIONS
The Participants understand that:
- A permit of temporary residence under the special category of student or intern issued by the authorities of Costa Rica to qualified Canadian citizens will automatically allow them to work and reside temporarily in Costa Rica for the duration of their authorized stay.
- Costa Rican citizens who are issued a letter of introduction will receive, upon their entry to Canada, irrespective of the status of the national employment market in Canada, a work permit valid for the entire authorized length of their stay, provided that they meet all requirements of Canadian immigration legislation and regulations, including the officers' discretionary authority to impose conditions.
6. VALIDITY OF DOCUMENTATION
The Participants understand that work permits issued by the Government of
Canada pursuant to a letter of introduction will be valid throughout Canada
subject to any applicable requirements of the Canadian immigration legislation,
including the officers' authority to impose conditions and subject to
considerations of public interest. The permits issued by the authorities of Costa
Rica will be valid throughout the territory of Costa Rica.
7. PARTICIPATING YOUTH OBLIGATIONS AND PRIVILEGES
The Participants understand that:
- Citizens from each of the two countries staying in the other country under this MOU are subject to the laws in force in the host country, particularly in 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.
8. FACILITATION OF THE PROGRAM
The Participants will encourage the organizations concerned in their respective countries to lend their support to the application of this MOU, particularly by giving appropriate advice to citizens of the other country so that they can obtain information and look for work placements or employment.
- The Participants will determine annually and on the basis of reciprocity, through an exchange of letters, the number of citizens that will be allowed to benefit from the application of this MOU.
- The Participants will determine, by mutual consent and through written exchanges, the minimum amount of financial resources required under paragraph 3(a)(vi).
- For the implementation of this MOU, the Government of Costa Rica designates the Deputy Minister of Youth and the Ministry of External Relations and Cult; and the Government of Canada designates the Department of Foreign Affairs and International Trade and the Canadian Embassy in Costa Rica.
10. GENERAL PROVISIONS
- This MOU will take effect on a date mutually decided by the Participants, notified through diplomatic channels, following its signature and the completion of their internal procedures for its entry into effect.
- Each of the Participants may at any time terminate this MOU or temporarily suspend its application in part or in whole by giving a thirty day written notice to the other Participant through diplomatic channels. Termination or suspension of this MOU will not affect persons already admitted under its terms.
- The Participants may amend this MOU, in writing, upon their mutual consent. The amendments will take effect in accordance with paragraph 10(a).
SIGNED in duplicate at San Jose, this 27th day of August 2010, in the English, French and Spanish languages, each version being equally valid.
FOR THE GOVERNMENT OF CANADA FOR THE GOVERNMENT OF THE REPUBLIC OF COSTA RICA