MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS OF AUSTRALIA AND THE MINISTRY OF FOREIGN AFFAIRS AND THE MINISTRY OF INTERIOR OF THE REPUBLIC OF CHILE
THE DEPARTMENT OF IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS OF AUSTRALIA AND THE MINISTRY OF FOREIGN AFFAIRS AND THE MINISTRY OF INTERIOR OF THE REPUBLIC OF CHILE HAVE REACHED the following understandings:
1. GENERAL
a) This Memorandum expresses the understandings and intentions of the Department of Immigration and Multicultural and Indigenous Affairs of the Government of Australia and the Ministry of Foreign Affairs and the Ministry of Interior of the Republic of Chile (hereinafter referred to as ‘the Parties’) in relation to a program for granting twelve (12) month visas (the ‘Program’) from the date on which this Memorandum comes into effect in accordance with paragraph 5 a).
b) The objective of this Memorandum is to promote the exchange and mutual knowledge of Chilean and Australian youth, through holidays allowed by the Program in the counterpart country. Participants of the Program will be able to engage in non-permanent employment, which may be remunerated. Such employment is not permitted to be the primary reason for the visit. The visas will be in accordance with the requirements indicated below, subject to the respective legislation of both countries.
c) The term ‘visa’ in this Memorandum means:
(i) a ‘Work and Holiday’ visa, which is issued or may be issued by the Government of Australia to Chilean nationals;
(ii) a ‘temporary residence’ visa, which is issued or may be issued by Ministry of Foreign Affairs and the Ministry of Interior of the Republic of Chile to Australian nationals, or
(iii) both of the above kinds of visa;
as the case may be.
The term ‘visas’ has a corresponding meaning.
d) The term ‘National Authorities’ in this Memorandum means:
(i) the Department of Immigration and Multicultural and Indigenous Affairs for the Government of Australia; and
(ii) the Ministry of Foreign Affairs and the Ministry of Interior of the Republic of Chile, or its consular representatives in Australia.
2. TERMS OF ISSUE OF VISAS
a) Subject to paragraph 2 b), each Party will issue multiple entry visas valid for a period of twelve (12) months to nationals of Chile or Australia, as the case may be, who satisfy each of the following requirements:
(i) intend primarily to holiday in Australia or Chile, as the case may be, for a specified period;
(ii) are aged between eighteen (18) and thirty (30) years inclusive at the time of application for the visa;
(iii) hold tertiary qualifications, or have satisfactorily completed or have been approved to undertake a third year of undergraduate university study;
(iv) where the nationals are Chilean, have a level of proficiency in English which is assessed as at least functional by the First Secretary Immigration located at the Australian Embassy in Chile;
(v) where the nationals are Australian, have a level of proficiency in Spanish which is assessed as at least functional by the Consul in each Chilean Consulate in Australia;
(vi) are persons who do not have dependent children;
(vii) have not previously been issued with a visa, as defined in paragraph
1 c);
(viii) pay the relevant visa charge;
(ix) possess a valid passport;
(x) possess a return travel ticket (or sufficient funds with which to purchase such a ticket) and reasonable funds for their maintenance during the period of initial stay in Australia or Chile – to be evaluated by the respective National Authority considering the visa application;
(xi) have good health;
(xii) have a sound background; and
(xiii) provide a letter from their respective National Authority which selected them to participate in the Program to confirm that they satisfy all the above eligibility requirements.
b) Either Party may refuse to issue a visa if it considers that this would not benefit its country.
c) Each Party will grant to holders of the visas as referred to in paragraph 2(a) permission to stay in Australia or Chile, as the case may be, for a period of twelve (12) months.
d) Persons who have entered Australia or Chile on a visa will be required to comply with the respective laws and regulations of Australia and Chile and not to engage in employment that is contrary to the terms of this Memorandum. In particular:
(i) In both Australia and Chile, visas will be issued on the basis that the principal purpose of visits allowed by the visas is a holiday with work being incidental to the holiday.
(ii) In both Australia and Chile, holders of visas must not be employed by any one employer for more than three (3) months. The holder of a visa will not work for the full twelve (12) months of the visit.
(iii) In both Australia and Chile, visa holders will not be permitted to engage in any studies or training for more than three (3) months.
(iv) In both Australia and Chile, a visa will automatically entitle the visa holder to work and reside temporarily in Australia or Chile, as the case may be.
(v) Applications for visas must be lodged in Australia by Australian nationals and in Chile by Chilean nationals.
(vi) Australian and Chilean applicants will be interviewed when necessary by representatives of each Government to determine their eligibility for the grant of a visa.
e) The Government of Australia will encourage youth, cultural and community organisations in Australia, and the Republic of Chile will encourage youth, cultural and community organisations in Chile, to provide appropriate counselling facilities for Chilean nationals and Australian nationals respectively who have entered Australia or Chile, as the case may be, on visas.
f) There will be an annual limit of 100 visas granted to Chilean applicants and an annual limit of 100 visas granted to Australian applicants. This number will be reviewed annually.
g) The First Secretary Immigration located at the Australian Embassy in Chile will be the preferred contact point for information, advice and assistance to eligible applicants from Chile.
h) The consular representatives of Chile in Australia will be the preferred contact points for information, advice and assistance to eligible applicants from Australia.
i) When nationals of Australia or Chile have entered Australia or Chile (as the case may be) pursuant to a visa and they no longer have authority to remain in that country and cannot or will not supply travel documents to the government of that country then that government may request the other government to provide travel documents for that person and that other government will seek to provide those travel documents within ten working days of receiving confirmation from the relevant authorities in its country, that the person concerned is a national of its country.
3. SUSPENSION
Subject to paragraph 5 c), either Party may temporarily suspend the foregoing provisions in whole or in part for reasons of public policy. Any such suspension will be notified immediately to the other Party through the diplomatic channel.
4. AMENDMENT
Amendments to this Memorandum may be made at any time by a written arrangement between the Parties through the diplomatic channel.
5. COMMENCEMENT AND DURATION
a) This Memorandum will come into effect on the last day of the month following the month when the Parties have notified each other in writing through the diplomatic channel that their legal procedures for the entry into force of this Memorandum have been complied with.
b) This Memorandum will continue in effect until terminated following the expiry of three months from the date of written notice through the diplomatic channel that a Party wishes to terminate it.
c) Notwithstanding any termination or any suspension of this Memorandum or of any provisions of this Memorandum, unless otherwise mutually consented to by the Parties, any person who at the date of such termination or suspension already holds a valid visa will be permitted to enter and/or remain in Australia or Chile, as the case may be, and to work in accordance with that visa until that visa expires.
SIGNED in duplicate at Canberra on the fourteenth day of July two thousand and five in the English and Spanish languages.
FOR THE GOVERNMENT OF AUSTRALIA
AMANDA VANSTONE
Minister for Immigration and Multicultural and Indigenous Affairs
and Minister Assisting thePrime Minister for Reconciliation
FOR MINISTRY OF FOREIGN AFFAIRS AND THE MINISTRY OF INTERIOR OF THE REPUBLIC OF CHILE
IGNACIO WALKER
Minister of Foreign Affairs
CARMEN GLORIA DANERI
Head
Foreigner and Migration Office
Ministry of Interior