The pilot project to regulate the status of existing non-national personnel (see related story) will no doubt be frowned on by some who may see it as rewarding illegal employment and residency as well as keeping potential jobs away from locals. Although they have a point, the fact is that a great number of foreigners have been working and living in St. Maarten already many years but still lack the necessary permits.
Government came to this conclusion after the multidisciplinary controls last February that caused quite a stir in the hospitality sector, with targeted business owners complaining that getting their staff from elsewhere documented was just too cumbersome and time-consuming. On November 1 a six-month process starts to reduce decision-making on requests for the papers to within 30 days, which does not include the usual five-week vacancy advertisement window.
Proof of gainful employment in the form of a labour agreement, pay slip and proof of health insurance coverage can pave the way to regulate these existing inhabitants. They must either not have been a resident before or seen their permit expired beyond the 90-day tolerance period, causing them to be treated as first-time applicants.
Mind you, the latter so-called “gaps” often occur through no fault of the business or worker but rather a lack of coordination in the issuing of employment and residence permits, so it’s important that the pilot involves a covenant between the Ministries of Justice, of Public Health, Social Development and Labor VSA and of Tourism, Economic Affairs, Transport and Telecommunication (TEATT). First-time applications must normally be submitted from abroad, so an exemption letter from the Justice Minister will be required.
People who oppose the idea should remember that unregulated persons being long-time members of the community has negative consequences; for example, when their children are born here without a legal status, yet with the right to compulsory education. It may also cause problems if no insurance premiums and/or taxes are paid on their behalf for obvious reasons.
This is not the first such effort and many will recall the so-called Brooks Towers Accord amnesty period. While one can easily point fingers and blame others for needing to do something similar all over again, considering the actual situation on the ground this move seems more than justified.
