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Admitted by Law - Government, International, Consular or Military Posting

ArubaSpecial cases

Explore the five recorded questions, answers and sources for this pathway.

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What exactly is the official special programme/status and why does it exist?

This status is admission by law (toelating van rechtswege) under Article 3 of the Landsverordening Toelating en Uitzetting (LTU), granted by the legislator to persons who meet the conditions in Article 3 LTU. The official source does not state the purpose or rationale for the status.

See recorded sources
Limits of the record
  • The source does not state the purpose or rationale for the programme beyond the legal classification.
  • The answer does not list all Article 3 categories; it only mentions the general legal basis.

Which specific population, role, circumstance or historical/legal situation does it cover?

The status covers the following categories under Article 3 LTU: (a) persons in government service or in service of a Kingdom country or international organisation stationed in Aruba; (b) persons who have been in service of Aruba or before 1 January 1986 in service of the Netherlands Antilles or the island territory of Aruba and receive a pension or pension-like benefit, as well as non-remarried widows of such persons; (c) admitted career consuls, consular officials and other consular staff; (d) military or civilian personnel of another country while stationed in Aruba or admitted under a treaty; (e) crew of ships or aircraft belonging to the navy or air force of any power while Aruba is visited with permission; (f) Dutch nationals who have been admitted to Aruba for more than five years by law or by permit; (g) persons who have been married for at least five years to and living with a person referred to in Article 1, first paragraph, or a person referred to in this Article, first paragraph, items a through f, and have had admission and main residence in Aruba for at least five years, as well as minor children born of or adopted or recognised during that marriage; (h) persons born in Aruba who do not possess Dutch nationality, provided they have reached the age of ten and have been admitted since birth; (i) spouses or partners in a durable relationship, as well as adopted or recognised minor children of a person referred to in this Article, first paragraph, items a, d or e, insofar as they share a common household; no further conditions are imposed on these spouses or partners for the exercise of a profession or work.

See recorded sources

What circumstance, event, relationship, nomination, invitation or status activates access?

Access is activated by the person's employment or posting status: being in government service or service of a Kingdom country or international organisation and stationed in Aruba; being admitted as a career consul or consular staff; being military or civilian personnel of another country stationed in Aruba or admitted under a treaty; or being crew of a foreign naval or air force vessel/aircraft visiting Aruba with permission. For family members, the trigger is a common household with a qualifying person under items a, d or e. The source also lists other activation circumstances: former service with pension or pension-like benefit (including non-remarried widows); Dutch nationals admitted for more than five years; persons married for at least five years to a qualifying person with five years of admission and main residence; and persons born in Aruba without Dutch nationality who have reached age ten and been admitted since birth.

See recorded sources

What sponsor, authority, nomination, certification, evidence or other step must occur before the status can be obtained?

The source does not state whether a sponsor or nomination is required for admission by law under Article 3. To obtain a declaration that Article 3 is not applicable (or to document the status), DIMAS requires specific evidence: for category A, an appointment decision or employment contract with the Land Aruba or an agreement between an international organisation and the Land Aruba; for category B, proof that the person was in service of the Land Aruba, or before 1 January 1986 in service of the Netherlands Antilles or the island territory of Aruba, and receives a pension or pension-like benefit, as well as proof that the non-remarried widow of such a person claims or receives such pension benefit; for category C, an appointment decision or a declaration from the Directorate of Foreign Relations; for category D, a declaration or decision showing stationing under an international treaty and copies of the last five residence permits; for category F, no other required documents; for category G, no other required documents; for category H, copies of the last 10 residence permits; for category I, a marriage certificate, registered partnership deed, cohabitation contract or birth certificate with legalisation/apostille not older than one year, translated if not in Dutch, English or Spanish. General requirements for first application, extension or change include a copy of the valid passport's front page and one recent colour passport photo (35 mm x 45 mm) in JPEG format. The source does not specify any prior action for category E. DIMAS may always request additional documentation for the assessment of the application.

See recorded sources
Limits of the record
  • The source does not specify any prior action for category E.
  • The source does not state whether the listed documents are the only prior actions or whether additional steps may be required by DIMAS.

What immigration status and rights result, how long do they last, can family be included, and what happens if the special qualifying circumstance ends?

The resulting immigration status is admission by law (toelating van rechtswege) under Article 3 LTU. The policy instruction classifies certain categories as non-temporary for the purposes of the RWN: persons who have entered government service; persons who were in service of Aruba or before 1 January 1986 in service of the Netherlands Antilles or the island territory of Aruba and receive a pension or pension-like benefit, as well as the non-remarried widows of such persons; Dutch nationals (and Americans or European Union nationals) who have been admitted for more than five years; persons married for at least five years to and living with a person referred to in Article 1, first paragraph, or Article 3, first paragraph, items a through f, and who have had admission and main residence in Aruba for at least five years, as well as minor children born of or adopted or recognised during that marriage; persons born in Aruba who do not possess Dutch nationality, provided they have reached the age of ten and have been admitted since birth; and persons with a residence status under the cited transitional provisions LTU II, III, IV, V, VI and VII. The policy instruction classifies the following as temporary: persons in service of a Kingdom country or international organisation stationed in Aruba; admitted career consuls, career consular officials and other consular staff; military or civilian personnel in service of another country during the time they are stationed in Aruba or have admission under a treaty; and crew of ships or aircraft belonging to the naval or air force of any power during the time Aruba is visited with permission of the competent authority. Family members under item i (spouses or partners in a durable relationship, and adopted or recognised minor children of a person referred to in items a, d or e, insofar as they share a common household) have no additional conditions for exercising a profession or performing work. The source does not specify a fixed duration for the status; it only classifies categories as temporary or non-temporary for RWN purposes. The source does not state what happens if the qualifying circumstance ends.

See recorded sources
Limits of the record
  • The source does not specify the exact duration of the status for each category; it only classifies some as temporary and others as non-temporary for RWN purposes.
  • The source does not state what happens if the qualifying circumstance ends (e.g., end of posting or stationing).
  • The source does not explicitly state whether family members can be included beyond the categories listed in item i; no separate family inclusion procedure is described.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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