Changes in Immigration procedures

We are still recuperating from the draconic changes made to our immigration laws by the former minister of Justice of yesteryears, the one who returned his Dutch con-decoration but not his passport.

That minister poured lead into the process and made it extra complicated, unfriendly, in fact outright hostile to foreigners, as if the island didn’t need immigration at all, as if immigrants were a nuisance to be discouraged from applying for membership, and not the fresh, dynamic DNA needed for growth.

As a naturalized immigrant, and a daughter of immigrants, the subject is dear to my heart.

Yesterday DIMAS presented a new work permit policy, based on decisions made by the Ministry of Labor and the Ministry of Justice.

The only ones breathing a sigh of relief are the Dutch officials who work here, the Marines, etc., who from now on will be included in the exonerated group — i.e. Knowledge Immigrants, Key Functions in defined sectors, such as General Managers, or Finance Directors, specialists such as Executive Chefs, Investors, and employees for the so called Promising Sectors: Tourism, Knowledge Economy, Agriculture, Logistics, Circular Economy & Creative Industries.

Imagine, since that above mentioned minister’s stint, all Dutch officials who worked or were stationed here, had to beg and grovel for permits for their dependents – stay permits, no work permits, just like the rest of us. They had to fill forms, pay, stand in line, suffer the indignations of lost files, wait, and wait and wait.  

They were living here, working at our justice, police or tax department and had to wrestle the impossible bureaucracy to get their wives and children to live here. Wives as ornaments, and it didn’t matter how educated they were — they could not work, and they had to be legally married, no Dutch-style cohabitation.

This stress will now be alleviated!

What those implementing restrictions to manage the so called labor effects of the pandemic, don’t understand is the following:

  1. We must focus on productivity now, in order to restore the economy. So this is NOT the time to make it more difficult to attract GOOD talent, and/or flush talent in possession of less than 5 permits, down the toilet. Many highly qualified, trained employees were faced with the need to leave, because they had fewer than five permit and their renewal was REFUSED.
  2. Companies prefer locals if available. Easier, quicker, they know the languages, etc. So “protecting” the locals is not necessary. This is just an election campaign ploy, not an economic recovery instrument.
  3. The major question remains: What happens with employment agreements when a permit is not renewed? Companies are committed to their professionals, what coordination is there on this issue between Immigration and Labor?
  4. What data is the MinJust basing this decision on?

Needless to say, DIMAS will give preference for available jobs on Aruba to Arubans, Naturalized citizens, Legal admission by law, for example: Spouses of Arubans, holders of the coveted Firma Liber, Dutch Nationals, and returning Aruban Expats. 

But due to the pandemic, so called temporary policies were enacted:

There will be NO First Permit granted except for the exonerated group. See previously. Those who can apply for First Permits include:  Digital Nomads, and Start Up Entrepreneurs for Promising Sectors. See previously.

There is now a LIMIT on permit renewals: Those that have fewer than 5 permits may get renewed only if the labor market permits, with the Department of Labor approval. That by itself is an incredible via dolorosa.

The minister repeated that potential leniency a number of times at the press conference on Thursday, but it is doubtful, DIMAS promises to be open for special considerations, but in reality it is very rigid.

Also no change of function is permitted, those with fewer than 5 permits cannot get a permit by a new employer — change of signature.  Except for those that will work in Promising Sectors.

Awaiting permits abroad: Those awaiting first permit must await the permit off-island, and grow old. Exemptions will be reduced/limited. Even for internships of over 6 months, stagiers need to remain off island during process.

There will be no permits for “family reunification”, except for those that are related to Arubans, bearers of Firma Libre, Admissible by law, or from Vital Sectors.

Should an investor wish to move here, the new capital threshold is Awg 250,000. 

Note: Renewal petitions must be made more than 3 months prior to expiration date of permit – which is usually the date the permit arrives at the hand of its solicitor. 

Most disturbing: After everything was said and done, sealed the delivered, MINJUST then met with work-givers and AHATA yesterday. They were completely shut out of the process.

 

 

 

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December 18, 2020
Rona Coster