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Agreement between Canada and Spain on Youth Mobility Programs [2009] CATSer 10 (1 August 2009)

E105130

AGREEMENT BETWEEN CANADA AND SPAIN ON YOUTH MOBILITY PROGRAMS

CANADA and SPAIN, hereinafter referred to as "the Parties",

ANXIOUS to promote close co-operation between their countries;

WISHING to encourage youth mobility as well as cooperation and partnership between the two countries; and to strengthen the excellence of educational institutions and the competitiveness of businesses in the two countries, particularly small and medium businesses;

WISHING to develop the opportunity for young citizens from both countries to gain work experience related to their area of expertise; to complement their post-secondary training with an internship; or to improve their knowledge of the languages, culture and society of the other country, thereby promoting mutual understanding between the two countries;

CONVINCED of the value of facilitating youth mobility;

HAVE AGREED on the following provisions:

ARTICLE 1

The two Parties agree to facilitate the administrative procedures applicable to the entry and stay in their territory for citizens from the other country who wish to gain work experience related to their area of expertise; to complement their post-secondary training with an internship; or to improve their knowledge of the languages, culture and society of that country.

ARTICLE 2

The purpose of this Agreement is to benefit the following categories of citizens:

(a) young post-secondary graduates who wish to obtain additional training in the other country under a pre-arranged contract of employment in order to contribute to their professional development;

(b) registered students of a post-secondary institution in their home country who wish to complete part of their academic training through a pre-arranged internship at an institution in the other country, including under inter-institution agreements;

(c) young citizens wishing to obtain additional training in the other country under a pre-arranged contract of employment in order to contribute to their professional development;

(d) registered students of a post-secondary institution in their home country who plan to travel to the other country during academic vacations and who wish to work on a casual basis in order to increase their financial resources;

(e) young citizens who plan to travel to the other country and who wish to work on a casual basis in order to increase their financial resources or to do volunteer work.

ARTICLE 3

1. In order to benefit from the application of this Agreement, young citizens from either country who fall into one of the categories referred to in Article 2 should:

(a) meet the conditions imposed by Canadian and Spanish immigration laws and regulations, in particular the conditions applicable to admission to the country, including the conditions listed under paragraphs (b) to (g) below, regardless of the status of the national employment market in the host country;

(b) be between the ages of 18 and 35 years inclusively on the date the application is submitted;

(c) be a Canadian citizen, hold a valid Canadian passport and reside in Canada, or be a Spanish citizen, hold a valid Spanish passport and reside in Spain ;

(d) hold or have sufficient resources to purchase a return ticket and have the financial resources needed to support themselves at the beginning of their stay, such financial resources to be determined by the Parties, in accordance with their respective legislation, through an exchange of diplomatic notes;

(e) before entering the other Party's territory, agree to purchase medical insurance, including hospitalization and repatriation, for the full period of their authorized stay;

(f) pay applicable duties and taxes; and

(g) as the case may be:

(i) show that they have obtained a pre-arranged contract of employment; or

(ii) provide documents proving registration in a post-secondary institution in their home country and that they have obtained a pre-arranged internship; or

(iii) provide documents proving registration in a post-secondary institution and confirm their plan to vacation in the territory of the other Party and possibly work on a casual basis in order to increase their financial resources; or

(iv) confirm their plan to vacation in the territory of the other Party and possibly work on a casual basis in order to increase their financial resources.

ARTICLE 4

1. Subject to public interest considerations, each Party shall issue to qualified citizens of the other country a document allowing them to enter its territory for a predetermined period, stating the reason for the stay. With regard to Canada, that document shall be a letter of introduction and for Spain, that document shall be the relevant visa referring to this Agreement.

2. The entry documents referred to in the preceding paragraph shall be issued to qualified citizens through the diplomatic or consular mission of the other Party where the application was submitted.

ARTICLE 5

1. Canadian citizens benefiting from the application of this Agreement for a maximum six-month stay, who are authorized to work under Article 2, shall obtain or receive, as the case may be, the administrative authorizations or documents required for work, valid for the entire authorized period of their stay, regardless of the status of the national employment market in Spain.

2. Canadian citizens benefiting from the application of this Agreement for a stay exceeding six months, who are authorized to work under Article 2, shall receive a foreign national identity card in order to confirm their legal status in Spain and, if necessary, shall obtain the corresponding administrative authorization to work, regardless of the status of the national employment market in Spain. These documents will be valid for the entire authorized period of their stay.

3. Upon arriving in Canada, Spanish citizens with a letter of introduction shall receive a work permit valid for the entire authorized period of their stay, regardless of the status of the national employment market in Canada.

ARTICLE 6

Work permits issued by Canada based on a letter of introduction shall be valid throughout Canada. The relevant visa or, as the case may be, the foreign national identity card and the administrative authorization or document required for work, issued by Spain, shall be valid throughout Spain.

ARTICLE 7

1. Citizens from either of the two countries who stay in the other country under this Agreement shall be required to comply with the laws and regulations in force in the host country, in particular those involving employment and the practice of regulated occupations.

2. The laws and regulations of the host country relating to employment insurance benefits, labour conditions and salary shall apply. With regard to Canada, the laws and regulations relating to labour conditions and salary fall primarily under provincial and territorial jurisdiction.

ARTICLE 8

The Parties shall encourage concerned organizations in their respective countries to assist in the application of this Agreement, particularly by giving beneficiaries appropriate advice so that they can obtain information that will help them in their search for internships or jobs abroad.

ARTICLE 9

1. The Parties shall determine, on the basis of reciprocity, through an exchange of diplomatic notes, the number of citizens that will be allowed to benefit from the application of this Agreement.

2. The Parties shall count the number of citizens benefiting from the application of this Agreement from the date the Agreement enters into force to the end of the current year, then annually from January 1 to December 31.

3. The Parties shall agree on subsequent administrative measures through an exchange of diplomatic notes.

ARTICLE 10

1. This Agreement shall enter into force on the first day of the second month following the date of the last exchange of notifications between the Parties, through diplomatic channels, confirming that the internal procedures required for the entry into force of the Agreement have been fulfilled.

2. Either Party may at any time terminate this Agreement or temporarily suspend the application of all or part thereof by giving the other Party a written notice to this effect through diplomatic channels. The termination or temporary suspension shall be effective 30 days after the date of the notice. The termination or temporary suspension of this Agreement shall not affect the right to stay of citizens already admitted under this Agreement at the time that the termination or temporary suspension comes into effect.

3. The Parties may amend this Agreement by mutual consent. Such amendments shall enter into force in accordance with the terms set out in paragraph 1 of this article.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

DONE, in two original copies, at Ottawa, this 10^th day of March 2009, in the English, French and Spanish languages, each version being equally authentic.

Lawrence Cannon

FOR CANADA

Mariano Alonso-Burón Aberasturi

FOR SPAIN