Netherland Antilles: St. Maarten/St. Martin; rights associated with permanent residence status; restrictions on how long a holder of a permanent residence permit can remain out of the country

A lawyer for the Lieutenant Governor of the Island of Curaçao provided the following information in a 28 April 2004 telephone interview with the Research Directorate: Foreigners to the Netherland Antilles are entitled to a permanent residence permit after 10 years of residence on the islands. Until that time, they have the status of temporary resident. Both temporary and permanent residents keep the citizenship of their country of origin. In order to work in the Netherland Antilles, a permanent resident must obtain a separate work permit, which gives him or her access only to positions that cannot be filled by a native of the islands. Permanent residents obtain their own insurance (usually through employment), receive the same level of police protection as do citizens, and have access to the same housing and educational facilities.

In a 1 June 2004 telephone interview with the Research Directorate, the head of the cabinet for the governor of the Island of St. Maarten corroborated all of the information stated above and added the following: Immigration policies differ between the mainland Netherlands and the Netherland Antilles. One can become a permanent resident of the Netherland Antilles after a minimum of 10 consecutive years of uninterrupted legal residence on the island of St. Maarten. The governor can issue a temporary residence permit, valid for the same duration as an employment permit, which is issued by the Executive Council. For example, if an employment permit is issued for one year, the corresponding residence status will also be valid for one year, after which time the employer would need to reapply in order to obtain an extension. Without an employment permit, one cannot obtain a residence permit, except in certain cases, such as for pensioners. Temporary residence permits are valid for varying lengths of time, depending on the length of employment obtained. When an employer advertises a job opening, the labour department and the employer have five weeks' time in which to fill the position with a St. Maarten citizen. If no one suitable is found during the five weeks, the employer can submit a request for an employment permit and hire from outside the country. Someone who obtains the status of permanent resident of St. Maarten and who leaves the island for more than one year will lose permanent residence status; if they wish to be permanent residents they must start the process over by requesting a temporary permit.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Netherland Antilles. 1 June 2004. Telephone interview with head of cabinet of the Governor of the Island of St. Maarten.

_____. 28 April 2004. Telephone interview with lawyer for the Lieutenant Governor of the Island of Curaçao.