FAQ – Van Rechtswege

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Legal Declaration / Van Rechtswege

    • Special categories 
    1. individuals deployed by the government, as long as they are in government service;
    2. individuals who have been employed by Curaçao or who were in  service of the Netherlands Antilles or the island territory of Curaçao before October 10, 2010 and on that basis receive a pension or benefit as a pension and the widows of such foreign nationals who have not remarried;
    3. professional consuls, professional consular officers and other consular staff admitted as such in Curaçao;
    4. servicemen, during the time they are stationed in public bodies;
    5. individuals on navy ships or air force planes  
    6. the spouse who is not legally separated and minor children of the individuals mentioned under a, b, c, and d; 
    7. individuals born in Curaçao, provided that they are sixteen years old and have been admitted to Curaçao without interruption since their birth.

    1.     Dutch 

    Adult Dutch, not mentioned in article 1, who can demonstrate that they have:

    1°. a Certificate of Good Conduct during the last five years, issued by the competent authority within two months before their arrival in Curaçao

    2°. housing and sufficient means of subsistence to support themselves

    1.     Americans

    On December 15, 2014, the Common Court of Aruba, Curaçao and Sint Maarten and of Bonaire, Sint Eustatius and Saba ruled on the interpretation of Article 3 of the Protocol to the Dutch-American Treaty on Amity, Trade and Shipping.

    The purport of this ruling is that American nationals in the Caribbean Part of the Kingdom – and thus in Curaçao – are entitled to equal treatment as Dutch nationals who were not born in the Caribbean Part of the Kingdom with regard to admission. This means that American nationals, like those Dutch nationals to whom the LTU accordingly applies, have a free term of a maximum of six months in a period of one year. They shall also be eligible for a Declaration Van Rechtswege if they meet the conditions, which the Dutch nationals must also meet.

Permanent departure occurs when a legally admitted person leaves Curaçao (with the purpose of settling abroad) or for a period of longer than 3 years, if the person was established in Curaçao for at least 3 years, relocates outside of Curaçao.

In the event of permanent departure, the Declaration van Rechtswege shall lapse. The foreigners  must go to the Admission Office Curaçao to unsubscribe, collect a stamp form and pay associated fees. Dutch and minors do not have to follow this procedure.


In case of a possible return to Curaçao, a new Declaration van Rechtswege must be requested.

The Declaration van Rechtswege shall terminate:

  1. due to the expiry of the reason why the Declaration Van Rechtswege (VRW) was granted; 
  2. for the person who has been admitted by operation of the law, due to an uninterrupted stay of longer than three years abroad, unless the person is staying abroad for study purposes or for medical treatment;
  3. when the adult Dutch  is legally admitted, and no longer has housing and sufficient financial resources; 

d. with regard to the minor Dutch of which one of the parents who exercises parental authority no longer meets the conditions referred to in article 3 paragraph f  

No. As from September 1, 2016, all applications for a legally binding and Non-Applicability Declaration must be submitted electronically via www.immigrationcur.org.

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