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 www.gobiklaw.com 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 www.gobiklaw.com
Published by Lincoln D Gomez
Lincoln D. Gomez is a corporate lawyer based in Aruba. He is admitted to the Bar in both Aruba Curacao, Sint Maarten & BES-islands. He holds degrees in International Tax & Financial Services from Thomas Jefferson School of Law, San Diego, CA (LL.M.), a law degree from the Universiteit van Aruba (LL.M.) and Biology and Chemistry from Saint Leo University, Tampa, FL He is co-founder and managing-partner of Gomez & Bikker www.gobiklaw.com. His practice concentrates on Aruba corporate law, intellectual property, aviation finance & registration, labor law, real estate and civil litigation. He is an author and lecturer on Aruba law. His publications are in the areas of: the civil code of Aruba, labor laws, intellectual property, aviation finance and corporate law. His clients have dubbed him "the Aruba Guy" when it comes to finding creative solutions to complex legal issues in Aruba. View all posts by Lincoln D Gomez