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What is the difference between a declaration by operation of law and a permit?

In Curaçao, there are two important legal terms regarding the residence and settlement of foreigners: “declaration by operation of law” and “permit.” While they are both related to being able to reside legally on the island, there are essential differences between them.

  1. Declaration by operation of law: A “declaration by operation of law” is a permission for foreigners who come from a country within the Kingdom of the Netherlands (for example, the Netherlands, Aruba, Sint Maarten, or Bonaire) or from America. With this statement, these residents of the Kingdom and America can freely settle and work in Curaçao without the need for a separate permit.
  2. Permit: A “permit”, on the other hand, refers to foreigners who come from countries outside the Kingdom of the Netherlands and the overseas territories. For them, a formal residence or work permit is required to legally settle and work in Curaçao.

In short, the difference between a “declaration by operation of law” and a “permit” lies in the origin (Nationality) of the person.

How do I get a stamp of the permit in my passport?

Once your declaratory statement or permit has been approved, you must visit the Admissions Board to get the stamp in your passport. 

They are responsible for placing the permit stamp in your passport. You can make an appointment online for this. Bring to the appointment all documents (original) that were used to apply for your permit, you may be asked for this.

Can I register myself as a resident of Curaçao with the permit?

Yes, with a valid residence permit on Curaçao you can register yourself as a resident of Curaçao. After your permit has been approved and you have received the permit stamp in your passport, you can then proceed to Kranshi to register yourself as a resident.

In Curaçao, the registration of residents is managed by the Civil Registry and Population Register (Kranshi). To officially register yourself as a resident, visit Kranchi and bring the following documents:

  1. Valid passport: Bring your passport with the permit stamp.

  2. Proof of residential address: Make sure you have valid proof of your residential address in Curaçao, such as a rental contract or proof of property ownership.

  3. Approval residence permit & other documents: The e-mail with the result of the Admissions Committee, deregistration from country of origin are other documents that you should have with you. 

After submitting all required documents and completing the registration process, you will receive a certificate of registration as a resident of Curaçao.

This proof can be of great importance for various administrative purposes, such as opening a bank account and other services offered to residents of Curaçao.

How long is my permit valid?

The validity period of a permit in Curaçao can vary, depending on the type of permit you have obtained and the specific conditions attached to the permit. In general, there are two types of permits in Curaçao: residence permits and work permits.

  1. Residence permit: A residence permit is intended for people who want to settle in Curaçao for longer periods. The validity period of a residence permit can vary, but it is often issued for a period of one year or more, depending on the reason for your stay (e.g. family reunion, retirement, study, etc.). After the validity period of the permit, it can often be extended if you still meet the requirements.

  2. Work permit: A work permit is intended for people who want to work as an employee in Curaçao. Work permits are often issued for the duration of the employment contract or for a specific period that corresponds to the validity period of the employment contract. If your employment contract is extended, you may also need to renew your work permit.

It is essential to understand that permits in Curaçao have a validity period and that you are responsible for renewing your permit in a timely manner if you wish to stay longer. Failure to comply with the validity period can lead to problems with the immigration service and can jeopardize your stay in Curaçao.

The exact period of validity depends on your specific permit type.

Can I apply with children if they are not my own?

It is possible to apply for a permit, even if the children are not your own. In some cases, people in Curaçao can apply for permits for non-biological children, such as stepchildren or foster children. However, the process and conditions may differ depending on the type of permit and the relationship with the children.

Juridical status: Make sure you have valid legal status as a parent or guardian of the children before applying for a permit. This may require you to provide an official custody order, adoption certificate, or other relevant legal documents.

Can I emigrate with my children if I am divorced?

If you are divorced and you want to emigrate with your children, there are some important legal and practical considerations to take into account. The ability to emigrate with your children may depend on several factors, including the legal custody arrangement, the consent of the other parent, and the laws and regulations of the country you want to emigrate to.

Here are some key points to consider:

  1. Legal guardianship: If you have full legal custody of your children, you probably have the right to emigrate with them without the consent of the other parent, unless explicitly restricted by a court order. In some cases, custody may be shared or specific custody arrangements may have been established, so it is essential to know what the legal custody arrangement is in your situation.

  2. Consent of the other parent: If the other parent also has parental responsibility and custody is not fully assigned to you, the law in some jurisdictions may require that you obtain permission from the other parent to immigrate with the children. In some cases it may be necessary to obtain a formal consent agreement, especially if the destination country requires such an agreement for the immigration of minors.

  3. Court approval: If there are disputes about the emigration of the children and an agreement cannot be reached with the other parent, it may be necessary to take the matter to court. A judge can then decide whether the emigration is in the best interests of the children and what measures must be taken.

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