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Agreement on a Working Holiday Scheme Between the Government of New Zealand and the Government of the Republic of Turkey [2011] NZTS 9 (1 August 2011)

A. 620

New Zealand Treaty Series 2011, No. 09

Ministry of Foreign Affairs and Trade

AGREEMENT

ON A WORKING HOLIDAY SCHEME BETWEEN THE GOVERNMENT OF NEW ZEALAND AND THE GOVERNMENT OF THE REPUBLIC OF TURKEY

Ankara, 22 April 2010

[Entered into force for New Zealand 01 August 2011]

Presented to the House of Representatives

AGREEMENT ON A WORKING HOLIDAY SCHEME BETWEEN THE GOVERNMENT OF TURKEY AND THE GOVERNMENT OF THE REPUBLIC OF TURKEY

The Government of the Republic of Turkey and the Government of New Zealand (hereinafter referred to as “the Parties”) have come to the following agreement concerning the operation of a Working Holiday Scheme (“the Scheme”) between the two countries:

PART I

OBLIGATIONS OF THE GOVERNMENT OF THE REPUBLIC OF TURKEY

Article 1

The Government of the Republic of Turkey shall, subject to Article 2 of this Agreement, on application by a citizen of New Zealand, issue a temporary “Work and Holiday” visa valid for presentation for a period of twelve (12) months from the date of issue to any person who satisfies each of the following requirements:

a) is a citizen of New Zealand;

b) satisfies the visa officer that his/her primary intention is to holiday in the Republic of Turkey, with employment and study being incidental rather than primary reasons for the visit;

c) is aged between eighteen (18) and thirty (30) years, both inclusive, at the time of application;

d) is not accompanied by dependants;

e) possesses a valid New Zealand passport;

f) possesses a ticket for departure from the Republic of Turkey, or sufficient funds to purchase such a ticket;

g) possesses sufficient funds for his/her maintenance during the period of stay in the Republic of Turkey, as determined by the relevant authorities;

h) possesses a tertiary education qualification granted in respect of the fulfillment of a minimum of three (3) years fulltime university study;

i) agrees to hold medical and comprehensive hospitalisation insurance to remain in force throughout his/her stay in the Republic of Turkey;

j) meets the Republic of Turkey’s entry requirements and proves in a convincing manner that he/she will legally reside in the Republic of Turkey in accordance with the relevant Turkish laws and regulations;

k) pays the prescribed “Work and Holiday” visa application fee;

l) complies with any health requirements imposed by the Republic of Turkey; and

m) has not previously taken part in the Scheme operating under this Agreement.

Article 2

The Government of the Republic of Turkey shall issue up to 100 per annum of the “Work and Holiday” visas mentioned in Article 1 to citizens of New Zealand who satisfy the requirements in Article 1. The Government of the Republic of Turkey shall advise the Government of New Zealand in writing of any decision to adjust the number of visas issued per annum. An adjustment to the number of “Work and Holiday” visas issued per annum shall not be regarded as a formal amendment to this Agreement, unless its effect is to reduce the number of visas to be issued per annum to less than 100 visas, in which case the procedure in Article 14 of this Agreement shall apply.

Article 3

Subject to Article 1, the Government of the Republic of Turkey shall issue a residence permit, valid for a period of not more than twelve (12) months from the date of entry to the Republic of Turkey, to any New Zealand citizen who holds a “Work and Holiday” visa issued pursuant to Article 1 and who applies within one (1) month of their arrival in the Republic of Turkey to the Foreigners’ Section of the Security Department. The Government of the Republic of Turkey shall issue a residence permit, with the price of the permit being only that of the permit before authorisation (the “paper price”), within three (3) working days, and shall only require sighting of the New Zealand citizen’s passport and valid visa issued pursuant to Article 1 as documentation. Citizens of New Zealand who are issued a “Work and Holiday” visa under this Agreement shall not be required to obtain a work permit in order to work in or enter into the Republic of Turkey. Citizens of New Zealand participating in the Scheme who are employed in the Republic of Turkey shall be subject to the applicable provisions of the Turkish social security scheme.

Article 4

The Government of the Republic of Turkey shall require any citizen from New Zealand who has entered the Republic of Turkey through the Scheme operating under this Agreement to comply with the laws and regulations of the Republic of Turkey and not to engage in permanent employment that is contrary to the terms of this Agreement. The Government of the Republic of Turkey shall not permit citizens of New Zealand who hold a “Work and Holiday” visa to be employed by the same employer for more than three (3) months. The Government of the Republic of Turkey shall permit citizens of New Zealand who have entered Turkey under the Scheme to enrol in one training or study course of three (3) months duration during the course of their visit to the Republic of Turkey.

PART II

RESPONSIBILITIES OF THE GOVERNMENT OF NEW ZEALAND

Article 5

The Government of New Zealand shall, subject to Article 6 of this Agreement, on application by a citizen of the Republic of Turkey, issue a visa valid for presentation for a period of twelve (12) months from the date of issue to any person who satisfies each of the following requirements:

a) is a citizen of the Republic of Turkey;

b) satisfies the visa officer that his/her primary intention is to holiday in New Zealand, with employment and study being incidental rather than primary reasons for the visit;

c) is aged between eighteen (18) and thirty (30) years, both inclusive, at the time of application;

d) is not accompanied by dependants;

e) possesses a valid Turkish passport;

f) possesses a ticket for departure from New Zealand, or sufficient funds to purchase such a ticket;

g) possesses sufficient funds for his/her maintenance during the period of stay in New Zealand, as determined by the relevant authorities;

h) possesses a tertiary education qualification granted in respect of the fulfilment of a minimum of four (4) years fulltime university study;

i) has a level of proficiency in English that is assessed as at least functional;

j) complies with any health requirements imposed by New Zealand;

k) pays the prescribed visa application fee;

l) agrees to hold medical and comprehensive hospitalisation insurance to remain in force throughout his/her stay in New Zealand; and

m) has not previously taken part in the Scheme operating under this Agreement.

Article 6

The Government of New Zealand shall issue up to 100 per annum of the visas mentioned in Article 5 to citizens of the Republic of Turkey who satisfy the requirements in Article 5. The Government of New Zealand shall advise the Government of the Republic of Turkey in writing of any decision to adjust the number of visas issued per annum. An adjustment to the number of visas issued per annum shall not be regarded as a formal amendment to this Agreement, unless its effect is to reduce the number of visas to be issued per annum to less than 100 visas, in which case the procedure in Article 14 of this Agreement shall apply.

Article 7

The Government of New Zealand shall permit any citizen of the Republic of Turkey who holds a visa issued pursuant to Article 5 and who is granted permission to enter New Zealand to stay in New Zealand for a period of not more than twelve (12) months from the date of entry into New Zealand. Turkish citizens who have entered New Zealand under the Scheme shall be subject to the applicable provisions of the New Zealand accident compensation legislation.

Article 8

The Government of New Zealand shall require any citizen from the Republic of Turkey who has entered New Zealand through the Scheme operating under this Agreement to comply with the laws and regulations of New Zealand and not to engage in employment or study that is contrary to the terms of this Agreement. The Government of New Zealand shall not permit citizens of the Republic of Turkey who have entered New Zealand under the Scheme to engage in permanent employment during their visit or permit those citizens to work for the same employer for more than three (3) months during the course of their visit to New Zealand. The Government of New Zealand shall permit citizens of the Republic of Turkey who have entered New Zealand under the Scheme to enrol in training or study courses not exceeding a total of three (3) months duration during the course of their visit to New Zealand.

PART III

GENERAL PROVISIONS

Article 9

1. Notwithstanding Articles 1 and 5 of this Agreement, either Party may, consistent with its own laws and regulations, refuse any particular application for a visa pursuant to this Agreement it receives.

2. Either Party may, consistent with its own laws and regulations, refuse the entry into its territory of any person who has been issued a visa under this Agreement whom it may consider undesirable or remove any such person from the country who has obtained entry under this Agreement.

3. Either Party may, at any time, through diplomatic channels request consultations on the provisions of this Agreement. Such consultations shall begin at the earliest possible date, but not later than sixty (60) days from the date the other Party receives the request unless otherwise mutually determined by the Parties. The Agreement shall be subject to a review if requested by either Party.

Article 10

Either Party may temporarily suspend this Agreement, in whole or in part, for reasons of public security, public order, public health or immigration risk. Any such suspension, and the date of its effect, shall be notified to the other Party through diplomatic channels.

Article 11

Either Party may terminate this Agreement by giving three (3) months’ prior written notice to the other Party. Any person who, at the date of termination or suspension of this Agreement, already holds a visa issued pursuant to Article 1 or Article 5 of this Agreement shall be permitted to enter and/or remain in New Zealand or the Republic of Turkey unless the Parties mutually determine otherwise in writing.

Article 12

This Agreement may be amended at any time by the written mutual consent of the Parties. Any amendments shall enter into force in accordance with the procedure set out in Article 13.

Article 13

Each Party shall notify the other Party in writing through diplomatic channels that all their legal and domestic procedures for the entry into force of this Agreement have been completed. This Agreement shall enter into force on the date of the later notification.

DONE IN duplicate at Ankara on the 23 day of April 2010 in the Turkish and English languages, both texts being equally authentic.

FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF

THE REPUBLIC OF TURKEY NEW ZEALAND

[Signatures not reproduced]