Netherlands Antilles: Whether a foreign national holding a temporary work permit in St. Maarten would automatically lose his/her work permit and temporary residence permit if he/she became unemployed (i.e., laid off, quit or fired) (September 2004)
|Publisher||Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board, Canada|
|Publication Date||13 September 2004|
|Citation / Document Symbol||ANT42956.E|
|Cite as||Immigration and Refugee Board of Canada, Netherlands Antilles: Whether a foreign national holding a temporary work permit in St. Maarten would automatically lose his/her work permit and temporary residence permit if he/she became unemployed (i.e., laid off, quit or fired) (September 2004) , 13 September 2004, ANT42956.E , available at: http://www.refworld.org/docid/42df609ba.html [accessed 22 May 2013]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
In an 8 September 2004 telephone interview, the interim manager working for the government department of labour and social welfare in St. Maarten provided the following information. If a person who was working under a temporary work permit became unemployed, the permit would essentially become null and void. This is outlined in the law, which states that a temporary work permit will be withdrawn once the working relationship between a non-national and the local employer is terminated.
With regard to the temporary residence permit, according to the interim manager, two preconditions are required in order to receive a residence permit: the non-national must demonstrate that they are 1) a person of good conduct, and 2) able to support themselves and their family (if applicable). In this sense, if the non-national did not already have sufficient financial assets to support themselves and their family, they would need a work permit (in order to secure employment) before they could receive a residence permit. In such a case, if the non-national lost their job, then their residence permit would not be renewed or could be revoked.
According to the Embassy of Netherlands in Washington, DC Website,
[f]oreign citizens that would like to work in the Netherlands Antilles need an employer that sponsors their work permit. The work permit is in addition to the residence permit, these are two separate requirements. In general, a residence permit does not allow employment (1 Jan. 2003).
Moreover, the Embassy of Netherlands in Washington, DC Website stated in order to apply for a residence permit, one must provide evidence that they have sufficient financial assets or income to cover a sojourn to an island territory such as St. Maarten (Embassy of Netherlands 1 Jan. 2003). For someone who required employment, a work permit, arranged by an employer wanting to hire them, would be required (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection.
Netherlands Embassy, Washington, DC. 1 January 2003. "Residence Permit – Foreigners – Netherlands Antilles."
St. Maarten. 8 September 2004. Department of Labour and Social Welfare. Telephone interview with interim manager.