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MEMORANDUM OF UNDERSTANDING BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF UKRAINE CONCERNING YOUTH MOBILITY

THE GOVERNMENT OF CANADA (Canada) and THE GOVERNMENT OF UKRAINE (Ukraine), hereinafter referred to as "the Participants",

DESIRING to promote close co-operation between their countries;

INTENDING to facilitate access to cultural exchanges that enable youth to gain a better understanding of the other country's language, culture and society through a travel, life and work experience abroad;

INTENDING to encourage youth mobility for the purpose of enhancing the personal and professional development of participating youth;

BEING CONVINCED of the value of facilitating such exchanges;

HAVE COME to the following understanding:

 

1. PURPOSE

The Purpose of this Memorandum of Understanding (MOU) is to simplify and facilitate administrative procedures applicable when citizens of one country intend to enter and reside temporarily in the territory of the other country to improve their knowledge of the host country's language(s), culture and society through travel, life and work experience.

2. CATEGORIES OF ELIGIBLE CITIZENS

The Participants will consider the following Canadian and Ukrainian citizens to be eligible to benefit from the application of this MOU:

  1. Citizens, including post-secondary graduates, who intend to obtain work experience in the host country under a pre­arranged contract of employment in support of their career development;
  2. Registered students of a post-secondary institution in their home country who intend to fulfill part of their academic curriculum in the host country by completing a pre-arranged work placement related to their field of studies;
  3. Citizens who intend to travel in the host country and obtain temporary employment to supplement their financial resources.

3. QUALIFYING REQUIREMENTS

  1. The Participants will consider qualified to benefit from the application of this MOU, eligible citizens who submit an individual application to the other Participant's diplomatic mission or consular post responsible for the territory of the country of which they are citizens or in which they have been lawfully admitted provided they meet the following requirements:
    1. They have satisfied any relevant requirements of Ukrainian and Canadian immigration legislation and regulations, including admissibility, other than those already set out in sub­paragraphs (ii) to (viii) below;
    2. They are between the ages of 18 and 35 inclusive on the date the application is received by the diplomatic mission or consular office;
    3. They are Ukrainian or Canadian citizens holding a valid Ukrainian or Canadian passport with a validity date exceeding the expected period of stay under this MOU;
    4. They have a departure ticket before arriving in the host country or sufficient financial resources to purchase such a ticket;
    5. They have proof of sufficient financial resources to cover the expenses involved at the beginning of their stay;
    6. They pay the applicable fee(s) to benefit from the application of this MOU;
    7. They accept to purchase health care insurance, including hospitalization and repatriation, for the entire authorized period of stay prior to arriving in the host country;
    8. They provide, as the case may be:
      1. Documentation proving that they have obtained a pre­arranged contract of employment in the host country in support of their career development;
      2. (8) Documentation proving that they are registered at a post-secondary institution in their home country and that they have obtained a pre-arranged work placement related to their field of study in the host country to fulfill part of their academic curriculum;
      3. Confirmation that their intention is to travel in the host country and work temporarily to supplement their financial resources.
  2. The Participants understand that dependents accompanying eligible Canadian and Ukrainian citizens who have satisfied the qualifying requirements as per sub-paragraph (a) of this paragraph will be excluded from the application of this MOU.
  3. The Participants will permit qualified citizens to benefit from the application of this MOU on a maximum of two (2) occasions. The Participants understand that the stays will be discontinuous and that the authorized period of stay will not exceed twelve (12) months.

4. ISSUANCE OF DOCUMENTS

  1. Each Participant will use its best efforts to facilitate, under the provisions of this MOU, the procedures whereby qualified citizens of the other country may enter and reside temporarily in its territory.
  2. Subject to public interest, public order, national security, immigration legislation and regulations, and public health, Canada will:
    1. issue to qualified Ukrainian citizens who are benefiting from the application of this MOU, a letter of introduction and, if applicable, a temporary resident visa. The Participants understand that this letter will facilitate work permit issuance, will be valid for a maximum of twelve (12) months, will indicate the authorized period of stay, and will specify the reason for the stay, as defined in paragraph 2 of this MOO. The Participants understand that the letter of introduction will be issued through the Canadian mission or consular office where the application is submitted pursuant to sub-paragraph (a) of paragraph 3; and
    2. issue to qualified Ukrainian citizens who hold a valid letter of introduction at a Canadian port of entry and without reference to the Canadian labour market situation, a work permit valid for the entire authorized period of stay, provided that they meet all relevant Canadian immigration legislation and regulations, and without restricting the officers' discretionary authority to impose conditions.
  3. Subject to public interest, public order, national security, immigration legislation and regulations and public health, Ukraine will:
  4. issue to qualified Canadian citizens who are benefiting from the application of this MOU, a letter of introduction and, if applicable, a visa. The Participants understand that this letter will facilitate work permit issuance, will be valid for a maximum of twelve (12) months, will indicate the authorized period of stay, and will specify the reason for the stay, as defined in paragraph 2 of this MOO. The Participants understand that the letter of introduction will be issued through the Ukrainian mission or consular office where the application is submitted pursuant to sub-paragraph (a) of paragraph 3; and
  5. issue to qualified Canadian citizens who hold a valid letter of introduction upon their arrival in Ukraine and without reference to the Ukrainian labour market situation, a work permit valid for the entire authorized period of stay, provided that they meet all relevant Ukrainian immigration legislation and regulations.

5. GENERAL PROVISIONS

  1. The Participants understand that qualified citizens of either country who are benefiting from the application of this MOU will be subject to the laws and regulations in force in the host country, particularly with regard to employment standards, including wages, working conditions, employment insurance benefits, and occupational health and safety. In the case of Canada, the laws and regulations relating to employment standards primarily fall within the jurisdiction of the provinces and territories.
  2. The Participants will encourage relevant organizations in their respective countries to lend their support to the application of this MOU, particularly by giving advice to qualified citizens of the other country so that they can obtain information to facilitate their travel and work experience.

6. IMPLEMENTATION AND CONSULTATIONS

  1. The Participants will determine, on an annual basis and through written exchanges, the maximum number of citizens who will be permitted to benefit from the application of this MOU. The Participants understand that this number will be based on reciprocity.
  2. The Participants will determine the minimal amount of financial resources required under sub-paragraph (a)(v) of paragraph 3 by mutual consent through written exchanges.
  3. The Participants will record the number of citizens of the other country who are benefiting from the application of this MOU from the date this MOU enters into effect to the end of the current year, and then annually from January 1 to December 31.
  4. The Participants will notify each other through written exchanges of all administrative procedures and conditions related to the implementation of this MOU.
  5. The Participants may, at any time, consult each other on the interpretation and implementation of this MOU.

7. ENTRY INTO EFFECT, AMENDMENTS, TERMINATION AND SUSPENSION

  1. This MOU will take effect on a date mutually decided by the Participants through written exchanges following its signature.
  2. The Participants may amend this MOU by mutual consent through written exchanges. Such amendments will take effect following the receipt date of the last written exchange.
  3. Each Participant may at any time terminate this MOU or temporarily suspend all or part of its application by giving to the other Participant a 30 days notice in writing to that affect through diplomatic channels. The Participants understand that termination or suspension of this MOU will not affect citizens who hold a valid letter of introduction pursuant to paragraph 4 or citizens already admitted under the provisions of this MOU.

SIGNED in duplicate at Kyiv, this 25th day of October 2010, in the English, French and Ukrainian languages, each version being equally valid.

FOR THE GOVERNMENT OF CANADA:
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FOR THE GOVERNMENT OF UKRAINE
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Date Modified:
2014-04-14