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Admitted by Law Declaration - Dutch or US National

CuraçaoFree movement

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

Official link

Which citizenship, status or regional agreement creates the person's right to move/reside?

Dutch nationals and their family members form a Van Rechtswege category. The official source does not state the position of US nationals.

See recorded sources
Limits of the record
  • The captured material does not establish every material route rule; independent review and currentness verification remain required before product use.
  • exact literal substring from persisted CW capture
    This includes adult and their family members as long as they possess the Dutch nationality. For the adult an application must be submitted for a Declaration Van Rechtswege under letter F. For minor children an application must be submitted under letter H.

Under which circumstances can the person reside: worker, self-employed, student, jobseeker, self-funded person or another recognised basis?

For a Dutch adult not otherwise covered by the LTU, article 3(1)(f) identifies good conduct, housing and sufficient means as conditions for admission by law. The immigration authority directs adults with Dutch nationality to a Declaration Van Rechtswege under letter F and says that Americans’ admission is equivalent following a 2014 court ruling. For employment, its Declaration page asks for a signed employment contract or employer declaration to evidence income.

See recorded sources
Limits of the record
  • The exact extent to which each article 3(1)(f) condition and work-document requirement applies to a particular US national after the 2014 judgment is not set out in these sources.
  • LTU article3(1)(f)
    f. de meerderjarige Nederlanders, niet genoemd in artikel 1, die ten genoegen van de Minister van Justitie aantonen dat zij beschikken over: 1°. een verklaring van goed gedrag gedurende de laatste vijf jaar, afgegeven door het bevoegde gezag binnen twee maanden voor hun aankomst in Curaçao of een schriftelijke verklaring waaruit genoegzaam van hun gedrag blijkt; 2°. huisvesting en voldoende middelen van bestaan om in hun levensonderhoud te voorzien overeenkomstig bij landsbesluit, houdende algemene maatregelen, nader te stellen regels.
  • Declaration categories and US parity guidance
    Who can submit an application for a Declaration Van Rechtswege? Declaration Van Rechtswege can be divided in different categories. These are: Special categories This includes: Persons who have been deployed and who are employed by the government Professional Consuls, Professional Consular Officers and Consular Staff Military personnel and their families as long as they are stationed here For family members of persons who fall under the special categories, an application must be submitted under article 3 letter G of the LTU. Dutch (nationality) This includes adult and their family members as long as they possess the Dutch nationality. For the adult an application must be submitted for a Declaration Van Rechtswege under letter F. For minor children an application must be submitted under letter H. Americans On December 15, 2014, the Common Court ruled on article 3 of the Protocol to the Dutch-American treaty on friendship, trade and shipping. This means that the admission of Americans equals as people with Dutch nationality.
  • Employment declaration basis and checklist
    Are you planning to live and work in Curaçao? There are several ways to do this. You can come and work for a company or you can start your own company. -See tab employee for the requirements if you are going to work for a company. -See tab own company for the requirements if you are going to start your own company. COSTS Fees and retributions are due before submitting the application. For the application of a Declaration van Rechtswege , you have to pay an amount of XCG 615,=. Payment must be made at Maduro & Curiel’s Bank. On the payment order, you can find the necessary information to make the payment. SUBMITTING THE APPLICATION Before submitting the application, make sure you have collected all the requirements. If so, the application can be submitted. All requirements must be scanned in PDF format. Click here to submit the application. SCAN DOCUMENT The scanned document (pdf format) must meet the following criteria: Must be a scanned version of an original document Must be scanned as straight as possible Must not contain staples, paperclips and no fingers should be visible on the document Must not be edited or altered Folds and wrinkles must be avoided as much as possible All information must be clearly legible, visible and not blurry No information may be crossed out, covered or varnished A scanned ID must be fully visible and in color in the image: (for a passport: both the upper and lower pages and for an ID card: both front and back sides) The edges of the ID must be clearly visible There must be approx. 2 cm of space around the image The scanned document must not contain any translucent background images. DECISION ON YOUR APPLICATION After the application has been submitted, the Admission Office has 4 months to take a decision on your application. After the decision is ready, it will be e-mailed to you. If you have received a positive decision, you must make an appointment to receive the residence permit. Click here to make the appointment. If you have received a negative decision, then you have 6 weeks to file a notice of objection. The notice of objection must be e-mailed to info@immigrationcur.org. Submit Application Employment Are you going to work for a company? Then the following requirements are needed: Proof of payment Fees & Retributions0; Copy of valid passport. If several nationalities, copy of all passports; Copy of birth certificate1 (not older than 1 year). Show original for inspection; If acknowledged, copy of the certificate of acknowledgement1 (not older than 1 year). Show original for inspection; Declaration of good conduct (not older than 3 months). Submit original; Proof of sufficient financial resources. This can be done by, among other things, submitting the following evidence: Proof of income from employment: employment contract (signed by the person in question and his employer2, with a copy of a valid identification document of the employer) or Original employer’s declaration2, completed and signed by the employer with a copy of valid identification document of employer, with an adhesive stamp of XCG 10,=

What entry, registration or residence-document formalities remain?

An adult applies for a Declaration Van Rechtswege under letter F; minor children use letter H. The official source does not state the formalities for US nationals.

See recorded sources
Limits of the record
  • The captured material does not establish every material route rule; independent review and currentness verification remain required before product use.
  • exact literal substring from persisted CW capture
    This includes adult and their family members as long as they possess the Dutch nationality. For the adult an application must be submitted for a Declaration Van Rechtswege under letter F. For minor children an application must be submitted under letter H.

Which non-member-country family members can accompany or join, and what broad rights do they receive?

The immigration authority says that a spouse or partner, children and parents who need to live with a sponsor in Curaçao apply for a residence permit with family; the family checklist accepts the sponsor’s Declaration Van Rechtswege as a status document. Adult Dutch nationals and Dutch minor children have separate admission-by-law classes. The authority states that Americans have admission comparable to Dutch nationals following a 2014 court ruling. These sources do not establish an automatic independent work right for a non-Dutch or non-US family member.

See recorded sources
Limits of the record
  • The exact coverage and work rights of foreign spouse, unmarried partner, children and parents in the Dutch/US Declaration family context are not established by the cited current pages.
  • Family residence-permit categories
    General General Do you want your family members to come and live with you in Curaçao? Then you must submit a request for a residence permit for them. You can submit a request for your children, spouse/partner or your parents. You must demonstrate sufficient financial funds for each family member.
  • Declaration categories and US parity guidance
    Who can submit an application for a Declaration Van Rechtswege? Declaration Van Rechtswege can be divided in different categories. These are: Special categories This includes: Persons who have been deployed and who are employed by the government Professional Consuls, Professional Consular Officers and Consular Staff Military personnel and their families as long as they are stationed here For family members of persons who fall under the special categories, an application must be submitted under article 3 letter G of the LTU. Dutch (nationality) This includes adult and their family members as long as they possess the Dutch nationality. For the adult an application must be submitted for a Declaration Van Rechtswege under letter F. For minor children an application must be submitted under letter H. Americans On December 15, 2014, the Common Court ruled on article 3 of the Protocol to the Dutch-American treaty on friendship, trade and shipping. This means that the admission of Americans equals as people with Dutch nationality.
  • LTU article3(1)(f)
    f. de meerderjarige Nederlanders, niet genoemd in artikel 1, die ten genoegen van de Minister van Justitie aantonen dat zij beschikken over: 1°. een verklaring van goed gedrag gedurende de laatste vijf jaar, afgegeven door het bevoegde gezag binnen twee maanden voor hun aankomst in Curaçao of een schriftelijke verklaring waaruit genoegzaam van hun gedrag blijkt; 2°. huisvesting en voldoende middelen van bestaan om in hun levensonderhoud te voorzien overeenkomstig bij landsbesluit, houdende algemene maatregelen, nader te stellen regels.
  • Family residence permit spouse checklist: sponsor status
    Copy of current permit/ Declaration Van Rechtswege/ Declaration Niet van Toepassing of the guarantor (with the exception of individuals covered by Article 1, paragraph a LTU);

When do permanent/long-term rights arise and what continuity, absence or retention conditions matter?

For adult Dutch nationals admitted under LTU article 3(1)(f), statutory admission by law ends when its underlying reason ceases, or when housing and sufficient means cease. The immigration authority says Americans’ admission is equivalent to Dutch nationals under a 2014 ruling and provides online Declaration Van Rechtswege filing. These sources do not establish a fixed validity or renewal term for the physical declaration, and the article 5(1)(b) three-year absence rule expressly concerns a different article 3(1)(i) class.

See recorded sources
Limits of the record
  • The specific effect of the 2014 US parity judgment on each retention ground, and document replacement or renewal practice for Dutch/US holders, are not established here.
  • LTU article5
    Artikel 5 De toelating van rechtswege eindigt: a. door het vervallen van de reden waarom zij is toegekend; b. ten aanzien van degene, die op grond van het bepaalde in artikel 3, eerste lid, onderdeel i, van rechtswege is toegelaten, door een onafgebroken verblijf van langer dan drie jaar in het buitenland, tenzij de betrokkene in het buitenland verblijft voor studiedoeleinden of wegens geneeskundige behandeling. De bepaling van artikel 4, tweede lid is van overeenkomstige toepassing; c. ten aanzien van de meerderjarige Nederlander, die op grond van het bepaalde in artikel 3, eerste lid, onderdeel f, van rechtswege is toegelaten, door het niet langer beschikken over huisvesting en voldoende middelen van bestaan om in zijn levensonderhoud te voorzien; d. ten aanzien van de minderjarige Nederlander waarvan één van de ouders die het ouderlijk gezag uitoefent niet langer aan de voorwaarden, genoemd in onderdeel f, voldoet.
  • Declaration categories and US parity guidance
    Who can submit an application for a Declaration Van Rechtswege? Declaration Van Rechtswege can be divided in different categories. These are: Special categories This includes: Persons who have been deployed and who are employed by the government Professional Consuls, Professional Consular Officers and Consular Staff Military personnel and their families as long as they are stationed here For family members of persons who fall under the special categories, an application must be submitted under article 3 letter G of the LTU. Dutch (nationality) This includes adult and their family members as long as they possess the Dutch nationality. For the adult an application must be submitted for a Declaration Van Rechtswege under letter F. For minor children an application must be submitted under letter H. Americans On December 15, 2014, the Common Court ruled on article 3 of the Protocol to the Dutch-American treaty on friendship, trade and shipping. This means that the admission of Americans equals as people with Dutch nationality.
  • Declaration online filing and decision
    SUBMITTING THE APPLICATION Before submitting the application, make sure you have collected all the requirements. If so, the application can be submitted. All requirements must be scanned in PDF format. Click here to submit the application. SCAN DOCUMENT The scanned document (pdf format) must meet the following criteria: Must be a scanned version of an original document Must be scanned as straight as possible Must not contain staples, paperclips and no fingers should be visible on the document Must not be edited or altered Folds and wrinkles must be avoided as much as possible All information must be clearly legible, visible and not blurry No information may be crossed out, covered or varnished A scanned ID must be fully visible and in color in the image: (for a passport: both the upper and lower pages and for an ID card: both front and back sides) The edges of the ID must be clearly visible There must be approx. 2 cm of space around the image The scanned document must not contain any translucent background images. DECISION ON YOUR APPLICATION After the application has been submitted, the Admission Office has 4 months to take a decision on your application. After the decision is ready, it will be e-mailed to you. If you have received a positive decision, you must make an appointment to receive the Declaration van Rechtswege. Click here to make the appointment.

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

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