MEMORANDUM BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY CONCERNING YOUTH MOBILITY PROGRAMS
The Government of Canada and the Government of the Federal Republic of Germany, hereinafter referred to as "sides",
Desiring to promote close co-operation between their states;
Wishing to encourage the mobility of and exchanges of youth, cooperation and partnership between the two countries, and to enhance the competence and competitiveness of educational institutions and businesses, especially small and medium-sized businesses, in the two countries;
Wishing to develop opportunities for their young citizens to complement their postsecondary education and training, acquire work or hands-on experience and improve their knowledge of the other country's languages, culture and society, and thus to promote mutual understanding between the two countries;
Convinced of the high value of facilitating such youth mobility programs;
Recalling the Young Workers Exchange Program approved by the Government of Canada and the Government of the Federal Republic of Germany in Berlin on September 9, 2002 and implemented ever since;
Have come to the following understanding:
- Each side intends to facilitate administrative procedures applicable to young citizens of the other country who wish to enter and stay in its territory to complement their post-secondary education and training or acquire work or hands on experience or improve their knowledge of the other country's languages, culture and society.
- The following categories of persons are eligible to participate in such youth mobility programs:
- young professionals who wish to obtain further training under a contract of employment and increase their knowledge of the other country's languages, culture and society;
- young citizens who wish to do a work placement in a business in the other country as part of their studies or training;
- Canadian post-secondary students and German students who wish to engage in an occupational activity during their academic vacation; and
- young citizens who wish to stay in the other country for tourism and cultural discovery purposes while being authorized to work to supplement their financial resources.
- In order to qualify to participate in these youth mobility programs, young citizens of the respective states who are eligible pursuant to paragraph 2 may submit an application to the other state's diplomatic or consular mission responsible for the territory of the country of which they are citizens, provided:
- they meet all requirements of Canadian or German immigration legislation and regulations, including admissibility, as well as the provisions mentioned in subparagraphs (ii) to (ix) below;
- they are between the ages of 18 and 35 inclusively at the time of application;
- they are a Canadian or German citizen and hold a valid Canadian or German passport and a return ticket;
- they reside in Canada or in the Federal Republic of Germany;
- they are not accompanied by dependent family members;
- they have the financial resources necessary to support themselves;
- they pay the applicable fee;
- they prove that they hold comprehensive liability and health insurance coverage valid for the duration of their stay, especially for health care, including hospitalization and repatriation, if they cannot qualify for the social welfare system of the host country;
- they apply to participate in these youth mobility programs on an individual basis;
- depending on the purpose of the young citizens' stay in the other state:
- they present an offer and acceptance for a job in connection with their respective field of study, specialized or vocational training or work experience;
- they present a confirmation of work placement under a work placement agreement if the placement is in a business;
- they confirm, if the stay is for tourism and cultural discovery, that they intend to take the opportunity to supplement their financial resources through paid work during their stay in the respective host country.
- Eligible young citizens may qualify up to a maximum of two times to participate in these youth mobility programs provided:
- that there be an interruption between the two stays,
- that each stay be under a different category set out in paragraph 2; and
- that at least one of the stays be covered by the administrative category set out in paragraph 4 (a).
- The duration of each stay may not exceed the period provided for in the documents issued under paragraph 5 (a).
- Each side will separate qualifying citizens into two administrative categories as follows:
- Citizens of the other state who will enter its territory to accept a pre-arranged offer of temporary employment; or
- Citizens of the other state who will seek employment after their arrival.
- Subject to public policy considerations, Canada and the Federal Republic of Germany intend to issue to the other state's young citizens, who meet the requirements set out in paragraphs 2 and 3, a document granting access to their territories for a predetermined period of 12 months and stating the reason of the stay. Canada will issue a letter of introduction, and the Federal Republic of Germany will issue a visa which allows multiple entry for a period of one year starting from the date on which the visa becomes valid and which refers to these youth mobility programs.
- The access documents described in the preceding subparagraph may be issued to qualifying young citizens by the other state's diplomatic or consular mission where the application was submitted pursuant to paragraph 3.
- The German side intends to allow young Canadian citizens who have received a multiple entry visa for a period of one year which refers to these youth mobility programs to engage in employment as an incidental activity to supplement their travel funds or as an incidental activity to their further vocational training. For such employment, the young Canadian citizens should not require the approval of the Federal Employment Agency of the Federal Republic of Germany.
- The Canadian side intends to issue to German citizens who have been issued a letter of introduction a work permit valid for the duration of their authorized stay upon their arrival in Canada.
- The work permits issued by the Government of Canada pursuant to a letter of introduction will be valid throughout Canada, and visas referring to these youth mobility programs issued by the Federal Republic of Germany will be valid throughout the Federal Republic of Germany.
- Neither side intends to refuse applications from young citizens to participate in the youth mobility programs solely on the grounds of an applicant's lack of knowledge of the English, French or German language.
- The young citizens from either state staying in the other state will be required to observe the laws applicable in the host country.
- The two sides intend to apply their respective laws and other legal provisions relating to social welfare, unemployment benefits and social assistance to the young citizens participating in these youth mobility programs.
- The two sides intend, insofar as they can exert legal influence, to give the young citizens staying in the host country on the basis of these youth mobility programs the same treatment as their own young citizens with regard to working conditions and wages.
- The two sides intend to encourage the relevant organizations in their respective states to lend their support to the implementation of these youth mobility programs by providing appropriate advisory services for those seeking work placements or employment.
- The minimum amount of financial resources required under paragraph 3(a)(vi) should be determined by mutual consent of the two sides.
- The two sides intend to count the number of young citizens benefiting from participation in these youth mobility programs from the date of the coming into effect of this Memorandum of Understanding to the end of the current year, and then annually from January 1 to December 31.
- The two sides intend to communicate on subsequent potential administrative measures concerning the implementation of these youth mobility programs in an appropriate form.
- The two sides intend to apply these youth mobility programs from the date of signature on the basis of reciprocity.
- The two sides may amend this MOU in writing upon mutual consent.
- The two sides may partially or entirely suspend or terminate this MOU at any time. Each side, however, will inform the other side of such a decision immediately, and at least three months before it is due to take effect, in writing, via diplomatic channels. Termination or suspension of this MOU should not affect the validity of any letters of introduction, visas or work permits already issued by Canada or the Federal Republic of Germany pursuant to this MOU.
- The Memorandum of Understanding between the Government of Canada and the Government of the Federal Republic of Germany concerning a Young Workers Exchange Program, signed in Berlin on September 9, 2002, will be terminated at the date of the coming into effect of the present Memorandum of Understanding.
- This Memorandum of Understanding will come into effect on the date of signature thereof.
Signed in duplicate in Berlin on this 20th day of June, 2006, in the English, French and German languages, each version being equally valid.
For the Government of Canada
Peter Gordon MacKay
For the Government Federal Republic of Germany