D I M A SD I M A SDepartamento di Integracion, Departamento di Integracion, Maneho y Admision di Maneho y Admision di StranheroStranhero

Presentation ValeroPresentation Valero

Foreigner Admission Foreigner Admission PolicyPolicy

December 11, 2008December 11, 2008

DIMAS Operational: July 1st, 2006

Ministry of Public Health, Environment, Administrative and Alien Affairs Minister, Mr. drs. C.A.S.D. Wever

Ministry of Public Health, Environment, Administrative and Alien Affairs Minister, Mr. drs. C.A.S.D. Wever

Department of Alien Integration, Policy and Admission (DIMAS)

Director, Mrs. K.G. Ruiz-Paskel, LL.M.

Department of Alien Integration, Policy and Admission (DIMAS)

Director, Mrs. K.G. Ruiz-Paskel, LL.M.

Focal points of Alien Affairs Policy

• Regulated and controlled admission and departure of foreigners.

• Integration of foreigners.• Effective return policy.

Main tasks

• To develop integral alien policy• To process requests for residence permits and

declarations based on the following laws:– RWN: Netherlands Nationality Act.– LTUV: the State Ordinance on Admission, Expulsion and

Deportation.– BW: Civil Code.

• To give advise to the foreign representations of the Kingdom of the Netherlands regarding the issue of visitors visas, and to the Governor’s office, the IND (Immigration and Naturalization office of the Netherlands), and the Civil Registry about the admission status of foreign residents.

Vision and Mission

Vision: • the realization of a durably improved alien administration.

Vision: • the realization of a durably improved alien administration.

Mission:• Involve the most important partners in the chain of alien admission in the synchronization of the alien policy and its execution.• Promote a durably improved chain of alien admission.

Mission:• Involve the most important partners in the chain of alien admission in the synchronization of the alien policy and its execution.• Promote a durably improved chain of alien admission.

Strategy

• Continued quality improvement of the organization and its human resources.

• Frequent platform consultations with partners in the chain of alien admission and target groups to discuss policy advices.

• Monitoring targets and evaluation of policy.• Measure the level of customer satisfaction. • The development of an effective return policy.• Information.

Accomplishments

• Organization– All DIMAS services under one roof– Periodical evaluation and adjustments of the organization.– Selection and placement of staff.– Internal training of staff.– Measure production and supervision of stock (e.g. received and

pending permit requests).

• Service – Introduction of online appointment system.– Issue of final product through certified mail (e.g. residence

permit).– List of required documents (checklists) 2007– DIMAS online: www.dimasaruba.com and www.gobierno.aw.– Introduction of helpdesk services

Accomplishments

– Information: brochures, press releases, call center, website.– Publication of Foreigner Admission Policy, November 1st, 2007.– Simplification of procedures.

• Laws– LTU changes as per July 1st 2006.– LTUV: Penalty policy as per October 1st 2008– Evaluation of the LTU by joint committee: University of Aruba,

CBS, DIMAS– Preparation of different executive legislation:

• Admission decree.

• Fee decree DIMAS

• National decree general measures (Lbham) on professionals (knowledge migrants).

Accomplishments

• Partners in the chain of alien admission:– Platform consultations with partners in the chain of alien

admission.– Evaluation of the chain of alien admission: joint committee

Aruba – the Netherlands.– MoU Aruba – the Netherlands, regarding the continuation

of joint efforts to improve the chain of alien admission.– Appointment of a manager for the chain of alien admission

as of October 1st, 2007: Mr. drs. Henry Baarh.– RHH2 project for updating the ICT within the chain of alien

admission, starting with the NAVAS, the alien registration and administration system.

– Client Satisfaction Survey by Deloitte. – Quickscan DIMAS by Price Waterhouse Coopers.

The foreigner admission policy

Transitory regulations

• The current National Ordinance on Admission, Expulsion and Deportation (LTUV) was introduced on July 1st 2006. Some of the articles of the old LTU became obsolete. Because of this transitory general transition period of three (3) years will be applicable until July 1st 2009 in the cases mentioned below. After this transition period has expired, the provisions will also fully apply to them.– Those foreign residents who did not need a permit to live and/or

work in Aruba, in this case with residency status by virtue of Article 1 (paragraph 1, letter d, e, or f) or Article 3 (paragraph 1, letter g or i) of the old LTU will need a residence permit as of July 1, 2009 if they do not have the Dutch nationality at that time.

– Everyone who has already had a permanent residence permit before July 1, 2006 by virtue of the LTU at the end of the transition period, in this case on July 1, 2009, will retain this residence permit.

Exemption from permit obligation

• Everyone who wants to live and work on Aruba needs a residence permit, with the exception of the following people:– Those who belong in the categories mentioned in

article 1 of the National Ordinance on Admission, Expulsion and Deportation (LTUV):

• Dutch citizens as such born on Aruba and those who obtained the Dutch nationality in Aruba.

• Dutch citizens who have been residents of Aruba since before January 1st, 1986, without interruption.

• Dutch citizens who were born as such outside of Aruba and at least one of whose parents fall under one of the above mentioned categories or whose parent if deceased belonged to one of these categories before he/she died.

Exemption from permit obligation

• Also exempted from the obligation to have a residence permit are those persons mentioned in article 3 of the LTUV.

– individuals employed by one of the countries of the Kingdom or by another country or international organization, designated by State Decree, containing General Administrative Orders. These also include Netherlands troops stationed in Aruba, as they are also employed by the Netherlands;

– individuals who used to be employed by Aruba or before January 1, 1986 used to be employed by the Netherlands Antilles or the Insular Territory of Aruba and on account hereof enjoy a pension or benefit as a pension, as well as not remarried widows of these individuals;

– professional consuls, professional officials of consulates, and other consulate staff admitted as such to Aruba;

Exemption from permit obligation

– troops for the duration they are stationed in Aruba. This applies to foreign troops stationed in Aruba, for instance in connection with preparations for exercises in Aruban waters and on land;

– passengers of vessels or aircraft belonging to the navy or air force of any powers, for the duration they visit Aruba with permission of the competent authority;

– Dutch citizens who have been admitted to Aruba by operation of law or by virtue of a permit without interruption for five years or more.

• The individuals mentioned under the afore mentioned categories are free to request a declaration from the DIMAS stating that they are admitted by virtue of law and therefore don’t require a residence permit. This is not an obligation. – As an employer you can ask the prospective employee a document that

acts as proof that he/she belongs to one of the permit exempted categories, such as a birth certificate, a certificate from the civil registry or a passport.

Term of residence

• The term of residence granted to someone who wants to settle in Aruba depends on the reason for the residence.

• If it concerns an admission for temporary residence with employment authorization this can be for a shorter or longer period of time. Basically, all temporary residence permits are issued for a maximum of one (1) year, and they have to be renewed each year.

• In case of a temporary residence permit for a short period of time (less than one year), the permit will be granted for the duration of the activity, event, or project.

• In case of a temporary residence permit with permission to undertake employment in order to fill a vacancy, the permit will normally be issued for up to one (1) year.

Rotation system: maximum term of residence of three years

• A rotation system of a term of residence of a maximum of three (3) years applies to all temporary residence permits with employment authorization that were issued for the first time after June 24th, 2002.

• This means that all employees who were issued a first time temporary residence permit after the mentioned date, are allowed to live and work on Aruba for up to three years.

• The permit holder has to renew his permit at least three months before his current permit expires. If the permit of the individual concerned has not been renewed in time before the maximum term of residence has expired after his first or second year of legal residence, he will also have to leave Aruba within six (6) weeks in that case.

• The alien who has come to Aruba temporarily to fulfill a certain position has to leave Aruba within six (6) weeks after the maximum term of residence of three (3) years has expired, irrespective of whether or not a local worker is available on the local job market.

• After a period of three (3) years abroad, the alien can apply for admission to Aruba again.

Maximum term of residence of three years

• The maximum term of residence of three years does not apply to the following people:– Those permit obligated individuals who have been

admitted to Aruba by means of a temporary residence permit since before June 24th 2002.

– Family members of those belonging to article 1 or 3 of the LTU or of individuals who have a permanent residence permit.

– Dutch citizens and their family members.– Foreign citizens who belong the category of

Knowledge migrants, and their family members.

General permit conditions

• No change in the conditions of admission is allowed for employees who have been admitted under the maximum term of residence of three years.

• Guarantee and deposit: the guarantor or the foreign resident has to pay a deposit before a temporary residence permit with or without employment authorization can be issued.

• A foreign individual who applies for a first time temporary residence permit, has to await the decision on his application, abroad.

• Judicial antecedents: police record, certificate of good behavior.

• Language and legalization of foreign documents: English, Spanish, Dutch or Papiamento.

• Sufficient financial resources.• The foreign applicant has to be in good health:

declaration of no objection medical examinations.– HIV test: except children younger than 10 years old, and Dutch

citizens. – VDRL (sexually transmitted diseases): except children younger

than 10 years old, and Dutch citizens. – Thorax: except children younger than 15 years old. – Medical declaration

• Re-entry permit (certificate of return):– File application for renewal at least three months prior

to expiration current permit.– Pay charges before applying for the re-entry permit.

• Processing time permit application:– Maximum 12 weeks, from the moment the application

if filed up to the moment a decision is issued.

Regulations for filing an application

Filing an application

• Decide what kind of application needs to be filed:– Residence permit application– Certificate of admission by virtue of law (article 1 or 3 LTUV)– Re-entry permit– Extension tourist stay

• Download the necessary form and/or lists of required documents from the DIMAS website, www.dimasaruba.com. Forms are also available a the DIMAS office.

• Gather all required documents and complete the application form.

• Make the required payments.– First time application: only charges are paid before filing the

application. Permit fee and deposit must be paid if permit is conditionally approved and if VTA is to be issued. Dues must be paid within 2 months of having received the payment order. A copy of the payment receipt(s) must be submitted to the DIMAS.

– Renewal: charges and fees must be paid before filing the application.

• File the application:– By appointment only: appointment can be made through

www.dimasaruba.com.• No appointment is necessary for: re-entry permits, certificate of

admission, extension tourist stay. Monday – Thursday, between 2:30-4:00.

• Attend the appointment, file the application:– First time application: employer/guarantor or

authorized person may file application on behalf of foreign applicant.

– Renewal: only the foreign applicant may file the application. Must be present in person. This includes minors.

– Complete applications.

• Once application is filed applicant must await the decision abroad if it’s a first application. In case of a renewal the applicant may remain in Aruba (if renewal was file in a timely manner).

• Decisions on permit applications are sent to the applicant or (in case of a first application) to the guarantor or employer through certified mail, as well as payment orders and the VTA if a first application is conditionally approved.

• Applications for the renewal of a temporary residence permit must be filed at least three months prior to the expiration of the current permit.

• If a first application is conditionally approved:– VTA: temporary admission to Aruba.– Valid for three months: applicant needs VTA to gain temporary

admission to Aruba to meet final conditions for issue of permit.– VTA does not replace the permit obligation.– Applicant must follow procedures to obtain “declaration of no

objection medical examinations”.

• If application is approved: permit will be sent to applicant or the employer/guarantor by certified mail.

• If application is denied: applicant may file a written objection within 6 weeks of the date mentioned in the letter from the DIMAS.

• Reimbursement:– Only permit fee and deposit can be reimbursed.

• If application is denied in case of a renewal.• If residency status of permit holder has changed: emigration,

deportation, death, naturalization or permanent residence.

– Application charges are non-refundable.

• Letter of withdrawal of guarantee.• Reasonable term to leave Aruba: the

guarantor/employer is responsible for it that the individual who is obligated to have a permit leaves Aruba within a period of six (6) weeks when his permit has expired or if the guarantee will not be continued.

• The guarantor continues to vouch for all costs that may occur or that have not been paid with regard to the foreign individual and/or his family.

Dutch citizens

• Dutch citizens not belonging to article 1 or 3 of the LTUV require a residence permit to live and work on Aruba.

• Dutch citizens who have been admitted by means of a residence permit or by virtue of law, for a continuous period of 5 years will be admitted by virtue of law according to article 3f of the LTUV.

• Maximum term of residence of three years does not apply.

• Require a DAO declaration of no objection; only in case of a first time application. Not required for subsequent renewals. Only required if changing employer or job function.

• Netherlands Antilles professionals:– DAO declaration not required.– Need to have an employer and the necessary papers

(diplomas, certificates etc) for the job function concerned.

– Temporary residence is issued for the specific employer and the specific job function. If the professional wants to change employers or job function, he has to apply for a change or permit and show that he has the necessary education for the new job function. If such is not the case, he’ll require a DAO declaration.

Family reunification

• Non-Dutch nationals who have been admitted under the rotation system (max. residency of 3 years) are not entitled to family reunification.

• Family reunification is allowed for:– Spouse and minor children of those who fall under

article 1 or 3 of the LTUV: the spouse can apply for a temporary residence permit with employment authorization that’s not employer restricted.

– The spouse and minor children of the following categories can apply for a temporary residence permit without employment authorization. If the spouse wants to work he/she can apply for a change of permit, but will require an employer and a DAO declaration.

• Family members of Dutch citizens• Family members of a permanent residence permit holder• Family members of individuals who have been admitted

(temporarily) and who are exempt from the maximum term of residence of three (3) years (for instance individuals of independent means, retired individuals, or the category defined as highly skilled migrant by State Decree).

• Spouses of professional consuls and consulate staff are admitted by virtue of law.

• End of marriage between foreigner and article 1 or 3 LTUV:– If less than 5 years: foreign partner has to leave Aruba with family members in

his/her custody. Exemption may be granted if children of Dutch nationality born of the marriage, or whom were acknowledged by the husband, and of whom the foreign partner has custody. In that case temporary residence permit with employment authorization and not employer restricted.

– If more than 5 years: temporary residence permit with employment authorization and not employer restricted.

• End of marriage between foreigners: – If less than 5 years: foreign partner who was admitted based on family

reunification must leave within three months with the family members in his/her custody. Unless he/she has his/her own residence permit with employment authorization.

– If more than 5 years: partner who was admitted based on family reunification, and the family members assigned to him/her, can be granted a temporary residence permit with employment authorization if no local employee is available and subject to a DAO declaration of no objection. Unless he/she has her own residence permit with employment authorization or if the partner has naturalized.

Highly skilled migrants of non-Dutch nationality

• The maximum term of residence of three (3) years does not apply to highly skilled migrants who do not have the Dutch nationality and who work in tourism, oil refining, or education, such as: – General Manager– Director of Operations– Director of Food and Beverage/Food and Beverage Manager– Director of Finance– In subsidized education: professors, lecturers, teachers

• Term of residence of six years.

Person of independent means or retirees

• Temporary residence permit without employment authorization.

• Guaranteed income from a pension or from capital (not in goods) of at least Afl. 100,000.00 net per year.

• The term of the temporary residence permit is determined by the term of the guarantee.

Live-in maid/domestic servant

• Maximum term of residence of three years.• Employer:

– Be guarantor for the live-in maid during the term of residence of three (3) years.

– Show a copy of the employment contract with the live-in maid, which meets the minimum standards as established by Aruba legislation.

– Have an annual income of at least Afl. 50,000.00 net per year, alone or as a couple. If first permit was received before November 1st 2007, the minimum net income level of Afl. 36,000.00 remains applicable for subsequent renewals.

– Dispose of a maid’s room with its own entrance and separate bathroom.

• Maid’s living quarters is inspected by DIMAS officials as part of the application process.

Students and trainees

• Students:– Must follow a full day course at an educational institution

recognized by the directorate of education, e.g. UvA, EPI.– Temporary residence permit for a student without permission to

undertake employment.– Within the framework of their studies, they can gain work

experience (traineeship). After their studies they have to leave Aruba.

– If the student prematurely ceases to study for whatever reason, the permit is cancelled and the student has to leave Aruba within a period of three (3) weeks.

– If the student wants to return to Aruba as employee, he has to file an application for a temporary residence permit with employment authorization, which will be considered a first application.

• Trainees:– Individuals can come to Aruba for a certain period of time as a

trainee or as a participant in practical training. – Temporary residence permit without employment authorization.– They receive the permit specifically for the employer where

they’ll do their traineeship. They are not allowed to be employed elsewhere during their stay.

– A DAO certificate of no objection is not required.– This period of traineeship may not be longer than twelve (12)

months. During these twelve (12) months, they cannot be admitted a second time as trainee or participant in practical training. After expiration or premature termination of their traineeship/practice they have to leave Aruba within a period of three (3) weeks, given the object of their traineeship/practice.

Permanent residence permit

• Non-Dutch residents who can prove that they have been a legal resident of Aruba for a period of at least 10 years without interruption qualify for a permanent residence permit.

• Gaps in the term of residence are not permitted, this means that there cannot be periods of time in which the applicant did not have legal residence during his term of residence.

• If the term of residence of the applicant has been interrupted due to circumstances not demonstrably attributable to the alien, this will be taken into account and not be used to his detriment when the uninterrupted term of residence is determined.

Declaration of no objection DAO

• A declaration of no objection to entering the labor market issued by the Department of Labor and Research is required for the issue of a temporary residence permit with employment authorization.

• All foreigners who want to work on Aruba need to submit this declaration, with the exception of:– Spouses of those who fall under article 1 or 3 of the LTUV, in

case of a divorce after a legal residency of more than 5 years.– Minors who have been admitted for more than 6 years, because

they were part of a legal family of a person falling under article 1 or 3 LTUV, and who when they have reached the age of 18 years old have requested a temporary residence permit with employment authorization.

Declaration of no objection DAO

– Women of non-Dutch nationality who have children that were ‘acknowledged’ by a man of Dutch nationality born on Aruba, and who through ‘acknowledgement’ became Dutch citizens.

– Non-Dutch nationals after a continued legal residency of more than five years if still with the same employer and with the same function. If changing employers or job function, the DAO declaration is required.

– Spouses of those mentioned in articles 1 or 3 of the LTUV.– Domestic servants (live-in maid).– Trainees.– Foreign directors with a directors permit issued by the

Department of Economics.– Artists: if in Aruba for a single or multiple performances.– Physicians and other job functions indicated by the Minister of

Public Health.– Dutch citizens, in case of renewals. In case of changing

employers or job function the DAO declaration is required.

• Declaration of guarantee/letter of invitation:– Required for visa required individuals who won’t be staying at a

hotel or time share or own residence, or who have been invited to participate in a sports event by a local organization.

– The form can be downloaded from DIMAS website or be obtained at the DIMAS office.

– The form is filled out by the person who’ll act as guarantor for the foreign visitor.

– After legalizing the form at the Department of Legislation and Legal Affairs (DWJZ), the form is sent to the visitor abroad by the guarantor / inviting organization.

– The same form is to be used for guaranteeing the extended stay of a visitor as mentioned previously.

Penalty Policy

As of October 1st 2008

Competent authorities

• DIMAS• DAO• IASA• KPA

Inspection-types

• Routine based inspections• Inspections based on:

– Complaints– Signalizing– Conflicts– Comments– Problems

Prohibitions article 23

Sub1. To be in Aruba without a valid permit

2. To be in Aruba after the permit has expired

3. To employ someone without a valid permit

4. To have a person with a valid permit work in another position than stipulated in the permit

5. To have a person work for payment without a valid permit to do so

Consequences illegal worker:– Expulsion or deportation

The policy (1-4)

• First time offence– Warning

• Second time offence– Administrative fine

• Natural person: 500 florin + 100 florin per person

• NV, BV or other: 1000 florin + 250 florin per person

The policy (2-4)

• 3rd, 4th and 5th time offence– Administrative fine

• Natural person:

resp. 2000, 3500 and 5000 florin

+ 250 florin per person

• NV, BV and other:

resp. 3000, 6000 and 10.000 florin

+ 500 florin per person

The policy (3-4)

• Maximum of the administrative fine– Natural person 10.000 florin– NV, BV or other 25.000 florin

• Payment within 6 weeks after receiving fine• Reminder after 2 weeks of non payment• Final notice

The policy (4-4)

• 6th time offence / request for payment– If the fine has not yet been cancelled the offender will

be prosecuted as well as fined– If the prosecutor’s office doesn’t act the fine will be

stipulated at 20.000 florin + 1.000 florin per person.

Exempted from paying fine

• No fault• The person (owner or director) passes away• There is a prosecution• The stipulated term has passed

For more information

• Visit our website at www.dimasaruba.com or www.gobierno.aw

• Our helpdesk is available for specific permit related questions from Monday to Thursday from 8:00-10:00.

• Our call center is available for general information and for questions about the application status from Monday to Thursday from 8:00-10:00 and 2:30-4:00.

• Email address:dimas@aruba.gov.aw

Thank you for your attention