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Laws & Regulations Database of The Republic of China (Taiwan)

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1.Signed on July 15, 2004; Entered into force on November 1, 2004.
 
THE TAIPEI ECONOMIC AND CULTURAL OFFICE, AUSTRALIA AND THE AUST-
RALIAN COMMERCE AND INDUSTRY OFFICE, TAIPEI
IN A SPIRIT of promoting closer co-operation between the territ-
ories they represent;
DESIROUS of providing wider cultural and people-to-people conta-
cts and for the youth to appreciate the culture and general way
of life of the other for the purpose of promoting mutual unders-
tanding;
WISHING to provide reciprocal arrangements in relation to worki-
ng holidays which are intended to make it possible for holders
of passports issued on authority from Taipei to enter Australia,
and for holders of passports issued on authority from Canberra
to enter Taiwan, primarily for a holiday for an extended period
and also to engage in employment as an incidental aspect of that
holiday in order to supplement their travel funds;
HAVE REACHED the following understandings:
1.GENERAL
This Memorandum of Understanding (hereinafter referred to as "
Memorandum") expresses the understandings and intentions of
the Australian Commerce and Industry Office, Taipei (ACIO) and
the Taipei Economic and Cultural Office, Australia (TECO) (he-
reinafter referred to as "the Parties") in relation to granti-
ng Australian working holiday visas and Taiwan visitor visas
for working holiday makers (hereinafter both referred to as "
visas for working holiday makers") from November 1, 2004.
2.TERMS OF ISSUE OF VISAS
(a) From November 1, 2004, the Parties will process and evidence
, according to their respective laws, multiple entry visas
for working holiday makers for a period of twelve (12) mont-
hs to persons who satisfy each of the following requirements
:
(i) are eligible holders of valid passports issued on authori-
ty from Canberra or Taipei;
(ii) intend primarily to holiday in Taiwan or Australia for a
specified period;
(iii) are aged between eighteen (18) and thirty (30) years in-
clusive at the time of application for the visa;
(iv) are persons who are not accompanied by dependent children
;
(iv) have not previously taken part in the Working Holiday sc-
heme;
(v) possess a valid passport and a return travel ticket or su-
fficient funds with which to purchase such a ticket;
(vii) possess reasonable funds for their maintenance during
the period of initial stay in Taiwan or Australia; and
(viii) have good health and a sound background.
(b) Further details on how the Working Holiday Arrangement will
operate are set out in the Annex.
3.Persons who have entered Australia or Taiwan on a visa for wo-
rking holiday makers under this Memorandum will be required to
comply with all local laws, statutes and regulations, and not
engage in employment that is contrary to the purpose of the
working holiday scheme.
4.SUSPENSION
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 in
writing.
5.AMENDMENT
Amendments to this Memorandum may be made at any time by a wr-
itten arrangement between the Parties.
6.COMMENCEMENT AND DURATION
6.1 This Memorandum will come into effect from November 1, 2004
and will continue in effect until terminated by either Party
by three months written notice to the other Party.
6.2 Notwithstanding any termination or any suspension of this
Memorandum or of any provisions of this Memorandum, unless
otherwise agreed by the Parties, any person who at the date
of such termination or suspension already holds a valid visa
for working holiday makers will be permitted to enter and/or
remain in Taiwan or Australia, and to engage in activities
in accordance with such visa until such visa expires.
SIGNED in duplicate at Taipei on the fifteenth day of July 2004
in the English and Chinese languages, each text being equally
valid.

FOR THE TAIPEI FOR THE AUSTRALIAN
ECONOMIC AND COMMERCE AND
CULTURAL OFFICE, INDUSTRY OFFICE,
AUSTRALIA TAIPEI
─────────── ─────────────
Mr. Yang, Chin-Tien Ms. Frances Adamson
Representative Representative


Annex to the Memorandum of Understanding Relating to Working Ho-
liday Visas
This Annex confirms the arrangements under which the Memorandum
of Understanding between the Australian Commerce and Industry
office, Taipei and the Taipei Economic and Cultural Office, Aus-
tralia relating to visas for working holiday makers will operate
.
(1) Participants from Australia must be eligible holders of val-
id passports (other than Certificates of identity or other
documents of identity) issued on authority from Canberra.
Participants from Taiwan must be eligible holders of valid
passports issued on authority from Taipei, who have househo-
ld registration in Taiwan.
(2) For both Australia and Taiwan, the principal purpose of vis-
its under the Working Holiday Maker arrangement is a holiday
with work being incidental to the holiday. It is policy that
the working holiday makers not work for the full twelve (12)
months of the visit.
(3) Applications for visas for working holiday makers from elig-
ible holders of passports issued on authority from Canberra
may be lodged directly at the Taipei Economic and Cultural
Offices (TECOs) in Australia.
(4) Applications for visas for working holiday makers from elig-
ible holders of passports issued on authority from Taipei
may be lodged directly at the Australian Commerce and Indus-
try Office (ACIO), Taipei.
(5) In Australia, a visa for working holiday makers will automa-
tically allow the visa holder to work and reside in Austral-
ia for a period of twelve months.
(6) Visas for working holiday makers issued by the TECOs to Aus-
tralian working holiday makers will be valid for one year
and allow for multiple entry to Taiwan. The visa will allow
for an initial period of stay of 180 days, which may be ren-
ewed for up to another 180 days provided that the visa is
still valid. The visa will automatically permit the holders
to engage in paid employment. The permitted work period sho-
uld not exceed the validity of the visa.
(7) In Taiwan, working holiday makers must not be employed by
any one employer for more than three (3) months.
(8) In Australia, working holiday makers must not be employed by
any one employer for more than three (3) months without the
permission of the Secretary of the Department of Immigration
and Multicultural and Indigenous Affairs in Australia.
(9) In both Australia and Taiwan, there will be no restrictions
on the type of employment working holiday makers may undert-
ake. Employment in a profession in both Taiwan and Austral-
ia, however, is dependent upon recognition of qualifications
and any rules of registration for practice in that professi-
on.
(10) In Australia, working holiday makers will not be permitted
to engage in any studies or training for more than three (3
) months.
(11) In Taiwan, working holiday makers will not be permitted to
undertake any formal courses other than Chinese language
courses and for no more than three (3) months.
(12) For both Australia and Taiwan, applicants may not be accom-
panied by dependent children. Any spouse would need to app-
ly for a visa independently under the scheme.
(13) For both Australia and Taiwan, there will be a requirement
to show evidence of funds of AUD5,000 and NT$100,000 respe-
ctively and either a return ticket or evidence of sufficie-
nt funds for a return or onward flight.
(14) For both Australia and Taiwan, applicants will be intervie-
wed when necessary by representatives of each of the Parti-
es to determine their eligibility for the grant of a visa.
(15) The Taipei Economic and Cultural Offices in Australia will
facilitate the issuance of up to 1,000 visas for working
holiday makers per annum to eligible Australian applicants.
(16) For the purpose of this Annex and above Memorandum of Unde-
rstanding, the terms "issued on authority from Canberra"
and "issued on authority from Taipei" do not mean the issu-
ing office must be located (respectively) in Canberra and
Taipei.
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