Attention expats: getting a work permit to work in Aruba

Most people who wish to work in Aruba will need to obtain a work permit from the DIMAS (Department of Integration Management and Admission of Foreigners). The only exceptions apply to people of Dutch nationality, whom by law are considered nationals of Aruba by birthright or because of their ties with Aruba.  In some cases non-nationals can get an automatic right to work in Aruba and will only need to apply at the DIMAS for a statement which proves his/her right. These are for example people working for the government of the Dutch Kingdom, consulate personnel and military personnel stationed in Aruba. The Admission and Deportation Act (Landsverordening Toelating en Uitzetting or LTU) and the policy of the DIMAS require employers to recruit employees in Aruba first. This policy is one of the tools used by the government of Aruba to protect the local labor market and to regulate the intake of foreign labor in Aruba. For a work permit to be given, the employer generally has to show that no qualified locals are available to fill the position after advertising for a couple of weeks through a procedure conducted by the Labor Department. The Labor Department, in most cases, has to give written approval before a petition for a work permit can be filed with DIMAS. The decision on the first application must be awaited outside of Aruba.  Dutch nationals (not being nationals of Aruba) and U.S. nationals (http://lincolngomez.wordpress.com/2008/07/08/dutch-american-friendship-treaty-recognized-by-the-aruba-courts/) are exempt from this restriction. A work permit is usually valid for up to one year and can be renewed for a maximum period of three years and in exceptional cases for a period of four years. U.S. nationals are exempted from the 3 year limitation. After the maximum period of time the person will have to leave Aruba and will only be allowed back to work after a period of three years living outside of Aruba. “Highly skilled immigrants” are also exempt from the restriction of three years as a result of a recent policy change of the DIMAS. The government intends to incorporate this policy in the LTU in the future. After submitting the application form, the DIMAS has to take a decision within twelve weeks. If no decision is given within the allotted time or the permit is denied, an applicant can file an appeal within eight or six weeks respectively.

Contributed by: C.B.A. Coffie, attornet-at-law 

Want to work or reside in Aruba?

In order to start file an application for a residency and/or work permit you will need to have at least the following documents in the form stipulated below. For further information contact: www.gobiklaw.com or www.dimasaruba.com

Eight - 8 - recent and identical passport pictures;
Color copy of all the pages of your passport and the passport must be valid for at least 3 months on the day of the application;
Copy of birth certificate be legalized by the Dutch consulate in the county of origin and can not be older than 6 months;
Original “police clearance letter” or the letter from the judicial authorities in the country of origin certifying that the applicants has no police records, arrest, indictments etc. This needs to be legalized by the Dutch consulate in the county of origin and can not be older than 6 months;
Curriculum vitae including copies of all diploma’s degrees and certifications;

Dutch American Friendship Treaty recognized by the Aruba Courts

In a recent decision Extreme Sports/Kunder vs Ministry of Immigration the administrative court of Aruba (“LAR”) has declared local immigration statute non-binding vis-à-vis U.S. nationals. According to the Court, section 7 sub 3 of the National Ordinance on Immigration (“LTU”) conflicts with a higher regulation i.e. Dutch American Friendship Treaty. Section 7 sub 3 of the LTU imposes a limitation on foreigners for eligibility of work and residency permit for a maximum period of 4 years. This limitation is not applicable to European Dutch nationals. Based on the Dutch American Friendship Treaty U.S. nationals are entitled to receive the same privileges/treatment as European Dutch nationals. The Kunder case is the first judgment obtained from the Aruba Court in regular administrative proceedings. Gomez & Bikker www.gobiklaw.com has obtained a number of injunctive decisions by the Aruba Court indicating that U.S. national s were entitled to the same immigration privileges granted to European Dutch nationals Lambert International vs Ministry of Immigration, Goedecke-Aruba N.V.; Ministry of Immigration and CBI Aruba N.V. vs Ministry of Immigration. In the past years there has been uncertainty by the local authorities regarding the direct applicability of the Dutch American Friendship Treaty for U.S. nationals in Aruba. With the latest decision it seems that the uncertainty has been cleared. It is anticipated that this decision will enhance the trade relations between Aruba the U.S.A. Dealing with the intricacies of Aruba immigration law and administrative proceedings is not easy. Whether you are coming to the Aruba to establish your own business or work as an expat, it is important to understand the regulations as they apply to your specific case.  Our attorneys are here to help you obtain the maximum benefit under the immigration laws in Aruba. By: Lincoln. D. Gomez www.gobiklaw.com

Changes in Dutch Law open the way for citizens of Arubans to vote in European Parliament Elections in 2009

“Citzens of Aruban” i.e. Dutch Nationals born in Aruba, are European citizens since the creation of the EU. As a result are entitled to vote for the European Parliament. The first time this will actually happen, is in 2009. In a judgment of the European Court of Justice (ECJ) on the 12th of September 2006, the ECJ concluded that the principle of equal treatment prevented the different treatment of Dutch nationals living abroad and Dutch nationals in the Netherlands Antilles and Aruba in respect to the electorate process. Dutch nationals living anywhere else in the world were allowed to vote for the European Parliament; however Dutch nationals living in the Netherlands Antilles and Aruba were not. The ECJ concluded that the difference in treatment was not objectively justified. The Dutch Parliament (“Tweede Kamer”) recognized that right as well last week when it approved changes in the election law to include Dutch nationals in the Netherlands Antilles and Aruba in the electoral process for the European Parliament. This has opened the way to allow Dutch nationals from the Netherlands Antilles and Aruba to vote during the European Parliament elections in June 2009. The voting can take place using the postal service or through the internet.

Contributed by: C.B.A. Coffie, Esq., www.gobiklaw.com