Sunday, June 29, 2008

Good news for US citizens living (or wanting to) in Aruba!

Dutch American Friendship Treaty recognized by the Aruba Courts

July 8, 2008

In a recent decision Extreme Sports/Kunder vs Ministry of Immigration the administrative court of Aruba (“LAR”) has declared local immigration statute non-binding vis-à-vis U.S. nationals. According to the Court, section 7 sub 3 of the National Ordinance on Immigration (“LTU”) conflicts with a higher regulation i.e. Dutch American Friendship Treaty.

Section 7 sub 3 of the LTU imposes a limitation on foreigners for eligibility of work and residency permit for a maximum period of 4 years. This limitation is not applicable to European Dutch nationals. Based on the Dutch American Friendship Treaty U.S. nationals are entitled to receive the same privileges/treatment as European Dutch nationals. The Kunder case is the first judgment obtained from the Aruba Court in regular administrative proceedings. Gomez & Bikker has obtained a number of injunctive decisions by the Aruba Court indicating that U.S. national s were entitled to the same immigration privileges granted to European Dutch nationals Lambert International vs Ministry of Immigration, Goedecke-Aruba N.V.; Ministry of Immigration and CBI Aruba N.V. vs Ministry of Immigration. In the past years there has been uncertainty by the local authorities regarding the direct applicability of the Dutch American Friendship Treaty for U.S. nationals in Aruba. With the latest decision it seems that the uncertainty has been cleared. It is anticipated that this decision will enhance the trade relations between Aruba the U.S.A. Dealing with the intricacies of Aruba immigration law and administrative proceedings is not easy. Whether you are coming to the Aruba to establish your own business or work as an expat, it is important to understand the regulations as they apply to your specific case. Our attorneys are here to help you obtain the maximum benefit under the immigration laws in Aruba.

By: Lincoln. D. Gomez