Joint Declaration on measures by the Government of the Federal Republic of Germany for Australian nationals on working holiday visas and by the Government of Australia for German nationals on working holiday visas

The Government of the Federal Republic of Germany and the Government of Australia

• underscore their joint efforts to promote the advancement of cooperation between Australia and the Federal Republic of Germany;
• note with satisfaction that the working holiday programmes conducted by both States since 24 March 2000 have been met with keen interest by young Australian and German nationals;
• announce their intention to promote mutual understanding between the two States by making it easier for young German and Australian nationals to gain an insight into culture and daily life in Australia and the Federal Republic of Germany respectively; and
• reaffirm their determination to continue the working holiday programmes for young Australian and German nationals, forthwith on the basis of this Joint Declaration.

I.

1.

Each side declares its readiness to issue multiple entry visas valid for working holidays for a period of one year from the date of validity of the visa (hereinafter referred to as “working holiday visas”) to nationals of the other State who

(i)
intend primarily to holiday in Australia or the Federal Republic of Germany, as the case may be, for a specified period;

(ii)
have turned eighteen (18) but not turned thirty-one (31) years at the time of application for the visa;

(iii)
are persons who are not accompanied by dependent family members;

(iv)
have not previously entered Australia or the Federal Republic of Germany on a working holiday visa, except citizens of Germany who have undertaken at least three months of seasonal work in regional Australia on a working holiday visa, who may be eligible to apply for a second working holiday visa in Australia;

(v)
possess a valid Australian or German passport and a return travel ticket or sufficient funds with which to purchase such a ticket;

(vi)
possess sufficient funds for their maintenance during the period of initial stay in Australia or the Federal Republic of Germany, as the case may be;

(vii)
have paid the visa application charge;

(viii)
have good health. The Australian side expects that German nationals will hold medical and comprehensive hospitalization insurance including repatriation to remain in force throughout their stay in Australia. The German side expects that Australian applicants will hold medical and comprehensive hospitalization insurance including repatriation to remain in force throughout their stay in Germany.

2.

Each side declares its readiness to grant the holder of a working holiday visa permission to stay in Australia or the Federal Republic of Germany, as the case may be, for a period of up to twelve (12) months and to allow them to pursue employment as an incidental activity of their holidays for the purpose of supplementing their travel funds. In both Australia and Germany, there will be no restrictions on the type of employment working holidaymakers may undertake. Employment in a profession in both Australia and Germany, however, is dependent upon recognition of qualifications and any rules of registration for practice in that profession.

3.

Notwithstanding the provisions of this Joint Declaration, the two sides emphasize that persons who have entered Australia or the Federal Republic of Germany on a working holiday visa will be required to comply with the respective laws and regulations of Australia and the Federal Republic of Germany.

4.

The Australian side declares that

(i)
a working holiday visa will automatically allow the visa holder to work and reside temporarily in Australia;

(ii)
German nationals who are in Australia on the basis of a working holiday visa may be employed for up to six (6) months with each employer. In special circumstances, it is possible to extend the period of work with one employer to longer than six (6) months upon receiving written permission from the Secretary of the Department of Immigration and Citizenship; and

(iii)
they will be permitted to engage in studies or training in Australia for up to four (4) months.

5.

The German side declares that

(i)
Australian nationals who are in the Federal Republic of Germany on the basis of a working holiday visa are permitted to take up employment on a casual basis during their holiday to supplement their funds for the trip or for the purpose of training; and

(ii)
for such employment Australian nationals do not require the approval of the Federal Employment Agency of the Federal Republic of Germany.

6.

The Australian side advises that

(i)
applications for working holiday visas from German nationals may be lodged:

(a) at the Australian Embassy or consular posts of Australia, or

(b) electronically through the Internet;

(ii)
applications for a working holiday visa may be lodged in any country, except that German citizens may not apply for a working holiday visa in Australia, other than German citizens who have undertaken at least three months of seasonal work in regional Australia on a working holiday visa, who may apply for a second working holiday visa from within Australia or outside Australia.

7.

The German side advises that applications for working holiday visas from Australian nationals

(i)
may be lodged at the German Embassy or consular posts of the Federal Republic of Germany in Australia or

(ii)
can be lodged in any other country.

(iii)
In the case of a visit which is not a short visit (a visit of more than 90 days), Australian nationals may enter and stay in the Federal Republic of Germany without a visa. The necessary residence title (visa) can be applied for in the territory of the Federal Republic of Germany.

8.

For both Australia and the Federal Republic of Germany, applicants may be interviewed when necessary by representatives of the respective Embassy and/or Consulate-General to determine their eligibility for the granting of a visa.

9.

Both sides declare their intention to encourage youth organizations, cultural organizations and community organizations in Australia and Germany respectively to provide appropriate advisory services for German and Australian nationals respectively who have entered Australia or the Federal Republic of Germany, as the case may be, on working holiday visas.

II.

10.

Both sides are of the opinion that

(i)
each side may temporarily suspend the implementation of the above-mentioned measures in whole or in part for reasons of public policy;

(ii)
each side may revoke the above-mentioned measures in whole or in part;

(iii)
each side should without delay, and at least three months prior to the date that such decision takes effect, inform the other through diplomatic channels of a decision to

(a) temporarily suspend these measures in whole or in part, or

(b) revoke these measures in whole or in part;

(iv)
notwithstanding the suspension in whole or in part of the above-mentioned measures, or their revocation in whole or in part, any person who at the date of the suspension or revocation already holds a valid working holiday visa will be permitted to enter and/or remain in the respective country and to work in accordance with such visa until such visa expires, unless the two sides come to some other arrangement.

III.

11.

Both sides declare that

(i)
by signing this Joint Declaration they intend in future to carry out their respective measures for German or Australian nationals, in accordance with each side's national legislation, within the framework of this Joint Declaration rather than that of the arrangements reached on 24 March 2000 by the Government of the Federal Republic of Germany and the Government of Australia;

(ii)
they may, notwithstanding the option of unilateral suspension or revocation of the measures in accordance with paragraph 10, mutually decide to simultaneously terminate the respective measures for German or Australian nationals within the framework of this Joint Declaration at any time;

(iii)
in case any disputes arise between the two sides over the implementation of measures for German or Australian nationals within the framework of this Joint Declaration, they intend to resolve these disputes amicably, taking due account of each side's national legislation.

This Joint Declaration shall be signed in duplicate in the English and German languages.

Berlin, February 9, 2007

For the Government of the Federal Republic of Germany
Signed by Dr. Frank-Walter Steinmeier

For the Government of Australia
Signed by Alexander Downer