Dear Weekender,
Sint Maarten is buzzing with major construction and infrastructure projects – from hotels to schools and public facilities. These developments bring investment and opportunity. That’s good news for the economy, but it also raises a key question: Who gets the jobs?
With demand for labour increasing, both employers and workers need to understand how residency and work permit rules apply, especially under the updated ministerial guidelines for project-based work.
RESIDENCE VS. WORK: WHAT’S THE DIFFERENCE?
Sint Maarten law makes a clear distinction:
- A residence permit allows you to live on the island.
- A work permit allows you to work here.
Foreign nationals generally require both, depending on their situation and purpose of stay, although exceptions apply to certain categories, such as Dutch and American nationals, who are subject to different rules.
WHO CAN WORK?
- Local workers
These are individuals who can work without a permit. Employers are legally required to prioritize them for all job openings.
- Foreign workers
If no suitable local candidates are available, employers may hire foreign workers, but only with a valid permit.
WORK PERMITS: THE BASIC RULE
Under the law, employers cannot hire foreign workers without a permit. Importantly, “work” is interpreted broadly, it includes not only employment contracts, but also consultancy, or service-based arrangements.
Before applying for foreign workers, employers must do the following:
- Register vacancies locally and advertise them (including a required waiting period of about 5 weeks).
- Prove genuine efforts to recruit locally.
Only after these steps are taken can foreign labour be considered.
SPECIAL RULES FOR BIG (CONSTRUCTION) PROJECTS
For large, time-limited projects, the government has introduced a work instruction to streamline the process, while still protecting local jobs. This instruction was first introduced in 2021 and has now been extended until April 30, 2028, by a new Ministerial Decision.
It is important to note the following points:
- The regular law still applies
The National Ordinance on Foreign Labor and the National Decree on Foreign Labor stay fully in force; the work instruction only explains how to apply these rules in project situations and how to speed up the process.
- What counts as a “project”
A project is a planned piece of work carried out by a specific group of people over a certain period, to achieve a particular aim – for example, the (re)construction of buildings or infrastructure.
PLANNING THE WORKFORCE
Before permits are issued, employers and authorities must agree on the following:
- A quota: The maximum number or percentage of foreign workers allowed.
- Local workforce share: How many jobs must go to local workers.
- Critical roles: Key expert/critical positions.
- Skilled labour and management roles: Defined in advance.
- Training needs: Opportunities for locals to gain skills during the project.
These agreements are formalized in a Scope of Services Agreement (published by the Division Head of Labor Affairs and Social Services) with the government.
STRONGER FOCUS ON LOCAL OPPORTUNITIES
The following is done to ensure locals truly get first access:
- Jobs must be registered with the National Employment Service Center (NESC).
- Job fairs are organized throughout project phases.
- Vacancy details are published via official local platforms.
- Training programs are coordinated with institutions like the National Institute for Professional Advancement (NIPA).
- Authorities may even provide candidate database reports to employers.
This creates a structured pipeline from local jobseekers to project employment.
GROUP APPLICATIONS AND CONDITIONS
The following is done to reduce paperwork for big projects:
- Employers may file one group application for all foreign workers on a project.
- The Division aims to process these employment permit applications with urgency.
- Each worker still receives an individual permit, and regular fees must be paid per person.
- A standard condition is that the employer must provide adequate housing for these workers.
Work permits are tied to the duration of the project and end when the project ends. If a worker leaves or a project ends early, the employer must notify the Division. Once expired, the same foreign worker cannot be rehired for one year unless they have left Sint Maarten, except for highly skilled or HBO-level positions.
IN A NUTSHELL
- Sint Maarten wants to protect and promote local jobs, especially with all the new projects on the island.
- At the same time, for some specialized or large-scale work, extra hands from abroad are needed when the local labour market cannot fully meet the demand.
- The rules around residence and work permits – and the special work instruction for projects – are there to balance these interests: Locals first, foreign workers only where necessary, and a clear, faster process for everyone involved.
Enjoy the spirit and colour of Carnival, celebrate responsibly, and we’ll see you again next month.
Yours sincerely,
Harshal Kirpalani & Nicole Echobardo | HBN Law & Tax
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