~Talks ongoing about pros/cons of changing treaty~
PHILIPSBURG--The Dutch/American Friendship Treaty is currently being applied in St. Maarten giving US citizens the right to remain freely in St. Maarten for six months, similar to Dutch Europeans, and after this period, the right to apply to remain in the country and legally work here, if they meet certain criteria.
The Treaty is being applied fully since December 15, 2014, based on a court verdict. Justice Minister Dennis Richardson said on Thursday that the application of the law is not expected to have any major implications for St. Maarten. “So far we have not seen a great influx of American nationals that apply for admission by law. In 2014, the percentage of admission by law was seven per cent of the total number of applications and in 2015 we expect this percentage will remain the same,” he told The Daily Herald in response to several questions on the matter.
The application of the Treaty is based on the verdict rendered by the High Court on December 15, 2014, in the “Grant versus the Minister of Justice,” court case. The verdict in that case stipulated that American nationals have to be treated equally as European Dutch based on the American Friendship Treaty, when it concerns admission and residence.
Richardson said European Dutch have to apply for an “admission by law” before they can start working or be on the work floor in the country. The conditions for “admission by law” include, amongst other things, no criminal history, adequate income and adequate housing.
Richardson said the application of the Treaty means that the same requirements are being applied for American nationals and European Dutch nationals for living and working in the country.
Americans who want to make use of the treaty have to apply for an “admission by law” at the Immigration and Border Protection Services located on the A.Th. Illidge Road. They will have to fill in a Model 4 application form for the admission by law. Asked whether he thinks the Treaty should be renegotiated, Richardson said: “Within the Dutch Kingdom a discussion has started about the pros and cons of (changing) the Treaty. A definite conclusion on this matter has not been reached as yet.”
