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Agreement between the Government of Canada and the Government of the Republic of Poland concerning the Promotion of Mobility of Young Citizens [2009] CATSer 11 (1 August 2009)

E105135

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF POLAND CONCERNING THE PROMOTION OF MOBILITY OF YOUNG CITIZENS

THE GOVERNMENT OF CANADA and THE GOVERNMENT OF THE REPUBLIC OF POLAND, hereinafter referred to as “the Parties”,

DESIRING to promote close co-operation and partnership between the two countries;

WISHING to encourage mobility of young citizens of both countries;

AWARE of the need to enhance excellence of post-secondary institutions and non-governmental organizations; and to enhance competitiveness of the economy, including small- and medium-sized businesses in the two countries;

ANXIOUS to develop opportunities for interested young persons to complement their post-secondary education or training; to acquire work experience; and to 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 need to facilitate mobility of young citizens of both countries;

HAVE AGREED on the following:

ARTICLE 1

The purpose of this Agreement is to simplify administrative procedures applicable when young citizens of either country intend to enter and stay in the territory of the other country to complement their post-secondary education or training; to acquire work experience; and to improve their knowledge of the other country's languages, culture and society.

ARTICLE 2

The following citizens of Canada and citizens of the Republic of Poland shall be eligible to apply for entry to the other country under this Agreement:

a) young people, including post-secondary graduates, who intend to obtain further training in the other country under a pre-arranged contract of employment in support of their career development;

b) young registered students of a post-secondary institution in their home country who intend to complete part of their academic curriculum in the other country by undertaking a pre-arranged, mandatory internship or work placement, arranged by agreement between educational institutions;

c) young registered students of a post-secondary institution in their home country who intend to enter into the other country to pursue training and gain knowledge as well as to obtain temporary employment under a pre-arranged contract of employment;

d) young people who intend to enter in the other country for cultural or discovery-tourism purposes and who intend to undertake work in order to supplement their financial resources.

ARTICLE 3

1. The persons mentioned in Article 2 may seek to visit the other country under this Agreement, provided that, as at the date of submission to the other country's diplomatic mission or consular post, in the territory of the country of which they are citizens or in which they have been lawfully admitted, of an application for a document authorising them to enter the territory of the other country, they fulfil all of the following conditions:

a) be between the ages of 18 and 35 on the date the application is received by the diplomatic mission or consular post;

b) be a Canadian citizen and holding a Canadian passport that is valid for at least three months after the date of planned departure from the Republic of Poland or a Polish citizen and holding a Polish passport with a period of validity exceeding the expected duration of stay in Canada;

c) be in possession of a departure ticket or financial resources to purchase such a ticket and have the financial resources or proof of the financial resources necessary to cover their cost of living, as specified in the laws and regulations of the other country;

d) be covered by an insurance policy for health care in the other country, including hospitalization and ambulance costs, for the duration of their authorized stay in this country;

e) pay the appropriate application fee for a document authorising them to enter the territory of the other country;

f) not be accompanied by dependants;

g) as the case may be:

(i) demonstrate that they have obtained a pre-arranged contract of employment; or a declaration of intent to offer employment from the prospective employer;

(ii) provide documentation proving registration at a post-secondary institution in their home country and demonstrate that they have been granted consent to undertake compulsory internship or traineeship in the other country;

(iii) provide a representation stating that the purpose of their stay in the other country is training and learning;

h) and meet all other requirements of the host country's immigration legislation.

2. The period of stay of citizens of Canada and citizens of the Republic of Poland, who intend to enter into the territory of the other country to participate in exchanges under this Agreement, shall not exceed one year.

3. Citizens of Canada and citizens of the Republic of Poland may enter the territory of the other country under this Agreement only two times, provided that each time is under a different purpose as set out in Article 2 and that there is an interruption of at least six months between each stay.

4. Citizens of the Republic of Poland, who enter into the territory of Canada under this Agreement and will undertake an employment requesting additional insurance, shall purchase such additional insurance when required.

ARTICLE 4

1. Except for cases justified by national security, public order or public health considerations as well as the internal laws of the countries of both Parties concerning the abolishment of visa-duty, the diplomatic mission or consular post of the other country receiving the application referred to in Article 3, paragraph 1 shall issue, to the person who applied, a document valid for a maximum of one year, granting access to its territory, and specifying the period and reason for the stay. The document shall apply in the entire territory of Canada or the territory of the Republic of Poland accordingly.

2. The documents referred to in paragraph 1 shall be the following:

(a) in the case of Canada - a letter of introduction and, if applicable, a visa;

(b) in the case of the Republic of Poland - a visa.

ARTICLE 5

1. Citizens of the Republic of Poland visiting Canada under this Agreement, who have been issued a letter of introduction and, if applicable, a visa pursuant to Article 4, paragraph 2, sub-paragraph (a) of this Agreement shall receive upon their arrival in Canada, without reference to the labour market situation, a work permit issued by the Government of Canada, valid for the duration of their authorized stay in Canada.

2. Canadian citizens visiting the Republic of Poland under this Agreement for a period not exceeding three months or who have been issued a visa, pursuant to Article 4, paragraph 2, sub-paragraph (b), shall be exempt from the obligation to obtain a work permit and shall be authorized to engage in employment during their authorized stay in the Republic of Poland, regardless of the labour market situation and without the need to obtain any additional documents.

ARTICLE 6

Citizens of Canada and of the Republic of Poland, visiting the other country under this Agreement, shall be given the same treatment as citizens of the other country with regard to working conditions and wages, in accordance with the legislation of this country.

ARTICLE 7

The entry and the stay of persons who participate in exchanges under this Agreement in the territory of the other country are governed by the internal law of the receiving Party.

ARTICLE 8

The Parties shall encourage government institutions, post-secondary or research institutions, non-governmental organizations, and the private sector to lend their support to the mobility of young citizens of Canada and the Republic of Poland under this Agreement, particularly by providing information to citizens on the terms and conditions for going to the other country and on the opportunities to seek internship or work placements as well as to undertake employment in the other country.

ARTICLE 9

1. The Parties may set, for each calendar year, through an exchange of diplomatic notes, the number of citizens, based on reciprocity, who will be allowed to visit the other country under this Agreement.

2. The Parties shall notify each other of the minimum amount of financial resources required of the persons entering the territory of the other country, referred to in Article 3, paragraph 1, sub-paragraph (c).

3. The Parties shall inform each other through diplomatic channels of all procedures related to applying for entry into the other country under this Agreement.

ARTICLE 10

Any disputes concerning the interpretation and implementation of the provisions of this Agreement shall be resolved through consultations and negotiations between the Parties.

ARTICLE 11

Either Party may at any time temporarily suspend the application of this Agreement, in part or in whole, by providing written notification to the other Party, including the effective date of suspension, through diplomatic channels. Suspension shall not affect the right to stay of persons who have already been admitted in the territory of the other country under the terms of this Agreement or obtained a document referred to in Article 4, paragraph 1.

ARTICLE 12

This Agreement may be amended in writing through mutual consent of the Parties. Such amendments shall enter into force according to the procedures established in Article 13, paragraphs 1 and 2.

ARTICLE 13

1. The Parties shall notify each other, through diplomatic channels, of the completion of internal procedures required for this Agreement to enter into force.

2. This Agreement shall come into force on the first day of the second month following the date of receipt of the subsequent diplomatic note referred to in paragraph 1.

3. This Agreement shall remain effective until terminated by either Party by giving written notice through diplomatic channels. In such a case this Agreement shall be terminated on the first day of the first calendar year following the date on which the other Party received the written notice of termination. Termination shall not affect the right to stay of persons who have already been admitted in the territory of the other country under the terms of this Agreement.

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

DONE in Warsaw, this 14^th day of July 2008, in two original copies in the English, French and Polish languages, each version being equally authentic.

Diane Finley

FOR THE GOVERNMENT OF CANADA

Barbara Kudrycka

FOR THE GOVERNMENT OF THE REPUBLIC OF POLAND