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IMMIGRATION LAW
Immigration law includes all procedures for obtaining legal residence in Curaçao. From family reunification, skilled migrants, to residence as a self-employed person or a short-stay permit. If you wish to submit an application for a permit, protection or naturalization, it is advisable to be assisted by a specialized lawyer. Our office can assist you with all aspects of immigration law.
Living in Curaçao
People not born on the island require a permit to live in Curaçao. There are a wide variety of permits.
Working in Curaçao
A work permit is required to employ foreign nationals. Some nationalities are excempt of this rule.
Objections & Appeals
Has your petition been rejected? We may be able to assist you, but time is of the essence!
Blocking Deportations
Are you or someone you know facing deportation? Contact our offices for an assesement of your options.
Tourism
A tourist is a person who does not stay in Curaçao for more than three months for relaxation, sports, health reasons, family matters, study, religious purposes or business visits and who does not perform any labor during his stay. A tourist must be able to pay the cost of his stay and have a return ticket. A weekly standard amount of USD 1.000,- is required which can be proven by presenting a credit or debit card. Tourists who do not have these resources themselves must have a guarantor based in Curaçao.
The maximum length of stay depends on the nationality of the tourist. There are categories that are admitted for three months and automatically renewed for a further three months thereafter. Another category is granted permission for three months but is not eligible for renewal. Some nationalities are allowed to stay for a maximum of thirty days, but may be in Curaçao for a total of ninety days per year.
Residence permit
Residence permits may be granted for a fixed or indefinite period. A temporary residence permit will be issued under conditions and restrictions. An indefinite permit is granted to foreigners who have had a continuous lawful residence in Curaçao for more than ten years. In the case of an initial application, the applicant must await the decision abroad (except for Dutch and American nationals), in the event of an already illegal stay, the application may be rejected. The government should decide on applications within four months.
The application may be rejected if the foreign national is considered to pose a danger to the public order or the public interest, such as providing forged documents, having a criminal record or illegally staying on the island. The application may also be rejected if the foreign national does not have sufficient means of subsistence. Always contact a lawyer to make sure your application goes smoothly.
Work permit
It is a criminal offence to allow foreign nationals to work without a work permit. There are exceptions to the ban. You may always contact us for an assessment of your specific situation. A petition for a work permit can be rejected, among other reasons, when local workers are available, if the employment contract contains provisions against the law or the job in question is excluded from obtaining a work permit. An application must be decided on within six weeks. However, before an application for a work permit can be submitted, the law requires that the availability of the place of work be reported at least five weeks before the submission of the permit-request. Our staff can guide you through this procedure.
Detention and deporation
There are several circumstances that may result in a deportation of a foreign national. Pending deportation, a foreign national may be detained in the so-called foreigner’s barracks at the local prison. This is only allowed under strict conditions, but in Curaçao this is more often the rule rather than the exception. Detention is for deportation purposes and should not last longer than necessary. The foreign national who is deported can also be declared undesirable. This is an administrative measure aimed at preventing certain foreigners to enter Curaçao. Under certain circumstances, it is possible to stop the expulsion and to secure the release the foreign national in question.
Refugees
Curaçao is a party to the European Convention on Human Rights. Article 3 of the ECHR provides that: ‘No one may be subjected to torture or to inhuman or degrading treatment or punishment’. This is a principle of international law that means that a person should not be sent back to a country where his or her life is in danger. Curaçao has established a procedure for foreigners entering Curaçao and requesting protection, stating that they cannot return to their country of origin because their lives are at risk there. Foreigners who travel to Curaçao and want to apply for protection in Curaçao because they cannot return to their country of origin, because their lives are at risk there, must go through this procedure before being eligible for protection under Article 3 of the ECHR. The foreign national must, however, make it sufficiently plausible why his life is at risk, which prevents him from returning to his country of origin.
