Our firm brings extensive expertise in Curaçao immigration law, handling everything from tourist stay extensions and residency applications to work permit processes for businesses. Our attorneys can also provide curcial assistance when facing deportation. We offer tailored, practical solutions that simplify the complexities of ever-changing immigration regulations.
Residence & Work
Part 1
Residence permit
Our law firm has extensive experience in managing residence permit (verblijfsvergunning) applications. We handle the complexities of each application, ensuring that all submissions comply with the specific legal requirements and criteria. Applications may be declined if the applicant cannot demonstrate sufficient financial resources (middelen van bestaan) or if there are public order concerns. If a residence permit application is rejected, our firm can assist with the objection and appeal process.
Applicants must await their permit decision outside Curaçao and initially receive a temporary residence permit. Applicants may qualify for an indefinite residence permit after consecutive years of timely renewal.
Special provisions for U.S. and Dutch nationals
U.S. and Dutch nationals may reside in Curaçao while their application is processed. Once approved, they are granted an indefinite residence permit (verklaring van rechtswege).
Petitions
Petitions for residence and work permits or tourist visa extensions
Objections
Administrative procedure against a specific decision or lack thereof
Appeals
Court procedure against a rejection by the government.
Part 2
Work permit
We have successfully assisted numerous clients with work permit applications, ensuring they understand all requirements and comply with local regulations. Our firm supports both employers and foreign workers throughout the process for a seamless experience.
Penalties
Employing foreign workers without a valid work permit in Curaçao is a serious offense. Violations can result in up to three months in jail and six figure fines. Exceptions apply for those with indefinite permits or married to Dutch nationals, and American and Dutch citizens are exempt.
Application and requirements
Employers must submit all required documentation, evidence, and fees when applying for a work permit. The vacancy must be reported to the labor department at least five weeks before filing, with a typical decision-making period of around six weeks.
A work permit application may be denied if local workers are available for the position, if there are legal issues with the work agreement, if the job is restricted to foreign workers, or if the employer’s recruitment efforts are deemed insufficient. Should an application be rejected, an objection must be filed within four weeks.
Tourist Visa
In Curaçao, a tourist is defined as anyone who visits for a period not exceeding three months (toeristisch verblijf). Tourist visits are generally for leisure, sports, health, family, study, religious activities, or business, without engaging in paid employment. The duration of a tourist’s stay in Curaçao varies based on nationality, falling into one of four categories:
A. Dutch and American Nationals: Typically allowed a stay of up to six months.
B. Citizens of the EU, Canada, Australia, New Zealand, and Japan: Usually permitted a three-month stay.
C. Non-visa-required Countries: Tourists from these nations are generally granted up to 30 days, matching the return ticket’s duration. For an extended stay up to 90 days, these tourists must request an extension at least seven days before their initial 30-day term expires.
D. Visa-required Countries: The stay length is tied to the visa’s validity. For instance, if a visa is valid for 90 days, an extension is unnecessary, as the visa duration has been pre-approved by the Dutch Embassy or Consulate. Extensions beyond the visa’s original validity are rare and reserved for special circumstances.
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Refuge & Expulsion
Part 1
Deportation
In Curaçao, the law allows the detention of foreign nationals present on the island illegally for deportation. The Minister of Justice may order detention when an individual poses a threat to public peace, order, or morals, or is likely to evade deportation. Detention is considered a last resort, with alternatives like reporting obligations or passport surrender preferred unless there are significant risks of evasion, non-cooperation in identity verification, a criminal background, or falsified information.
Detention may not be necessary if the individual has secure accommodation during removal proceedings, lacks valid travel documents, or has established residency in Curaçao. Although there is no fixed maximum duration, detention is limited to the period required for removal. Generally, if removal has not occurred within six months, detention should be lifted unless there is clear evidence of intentional evasion.
Overstaying
Tourists who overstay in Curaçao risk being declared unwelcome, which leads to removal and a prohibition on re-entry. Violating this ban is considered a criminal offense.
Part 2
Refugees and protection
Our law firm offers guidance through the Article 3 procedure. The Article 3 of the European Convention on Human Rights (ECHR) enshrines the principle of “non-refoulement,” ensuring that no individual is returned to a place where they face serious risks, such as torture or inhuman or degrading treatment. Foreign nationals in Curaçao seeking refuge due to threats in their home country must navigate this procedure.
Related Topics
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