Declaration by Operation of Law (Verklaring van Rechtswege)

Who does this apply to?

• Adult Dutch nationals and their family members (as long as they hold Dutch nationality)
• US citizens (treated the same as Dutch nationals since the Joint Court ruling of December 15, 2014, Dutch-American Friendship Treaty)
• Career consuls and consular staff admitted in Curaçao (Art. 3, letter c LTU) and military personnel stationed here (letter d); their families apply under letter g
• Anyone working for the Government of Curaçao under an appointment decision, for as long as the appointment lasts, and staff posted by the government of another country, while in its service (Art. 3, letter a LTU; 2016 policy, section 2.2.1)
• People employed (or who were employed before October 10, 2010) by the Government of Curaçao or the former Netherlands Antilles who receive a pension for it, and the widows of those people who have not remarried
• Spouse and minor children not legally separated from people in the government/pension/consular/military categories
• People born in Curaçao, provided they have turned 16 and have been continuously admitted to Curaçao since birth
• Dutch citizens of legal age (not covered by the categories above) who can prove: a certificate of good conduct covering the last 5 years (issued within the 2 months before arriving in Curaçao) and adequate housing + sufficient means of subsistence
• US citizens: admitted by operation of law since a ruling of the Joint Court of Justice of Aruba, Curaçao, Sint Maarten and Bonaire/Sint Eustatius/Saba of December 15, 2014

Costs

• First application: XCG 615 ≈ US$ 344
• Other costs: Payment at Maduro & Curiel's Bank (MCB) or Banco di Caribe.

Dollar amounts are approximate, at the fixed rate of US$ 1 = XCG 1.79. You pay in XCG.

Work out your total (one-off payment, no deposit): open the cost calculator →

Decision time

4 months. Unlike the permits, the official page does not ask you to wait for the decision outside Curaçao.

Requirements

Gathering your papers? Tick them off in your checklist, remove what does not apply and print it: open my document checklist →

• Proof of payment of fees and charges
• Copy of your valid passport (all of them if you have several nationalities) and the documents for the purpose of your stay (work, study, internship, rentier, pensioner or family), which each Toelatingsorganisatie page details
• Adult Dutch or US national (letter f): certificate of good conduct covering the last 5 years, issued within 2 months before you arrive in Curaçao, and proof of housing and sufficient means. The 2016 policy asks for one from every country where you lived in those 5 years; the pages for each purpose ask for one no more than 3 months old (the permit-track pages, the one from your last place of residence): if you lived in more than one country, bring one from each or check with the Toelatingsorganisatie
• Dutch minor (letter h): proof that the parent who has parental authority meets the conditions of letter f

Steps to apply

1. Check which category you fall under (special/diplomatic-military, Dutch, or American under the DAFT treaty).
   How to get this done

   Review the 'Who applies?' section of this same page: if you are a consul or consular staff, letter c of Art. 3 LTU applies to you, if you are military, letter d, and your family applies under letter g; if you are an adult Dutch national, the general route applies (with 6 free months before you need to file, see notes); if you are American, you apply under the DAFT treaty (2014). If you're unsure which one applies to you, write to info@immigrationcur.org before applying.

2. Scan all requirements as PDF.
   How to get this done

   How to scan your documents correctly

   The scan (or photo) of each document must meet all these criteria, or the system may reject your application: (1) it must be a scan of an original document, not a copy of a copy; (2) scanned as straight as possible, not tilted; (3) no staples, paper clips or fingers visible in the image; (4) not edited or retouched; (5) avoid folds and creases; (6) all data must be sharp, legible and not blurry; (7) no crossed-out, covered or overwritten data; (8) for identity documents the image must show the whole document in colour (passport: top and bottom page; cédula: front and back); (9) leave about 2 cm of margin around the image; (10) the document must not have a translucent/transparent background.

   • Use a real scanner if you have access to one (office, library, copy shop): it gives better results than a phone photo.
   • If you use your phone, do it in good daylight, without direct flash, with the document on a flat, dark surface so the edges are clearly visible.
   • Save each document as a PDF (not a loose JPG) when the procedure explicitly asks for PDF format.
3. Submit the application online.
   How to get this done

   How to submit your application online

   First, the Toelatingsorganisatie's portal, permit.immigrationcur.org: that is where you apply for the Van Rechtswege and Niet van Toepassing declarations (since September 1, 2016 they are only accepted online, not at the counter), the extension of a tourist stay and some residence permits, and people with US nationality have to use it too. Each person opens their own account, which also covers their spouse and children. If your procedure is not in the portal, scan the form and the other documents as PDF and send them by email to intake@immigrationcur.org (objections go to info@immigrationcur.org; check which applies on your procedure's page). Attach all the documents, scanned according to the official criteria, plus the proof of payment. If an authorised representative submits the application (not you), a signed authorisation and a copy of their ID must also be attached. You will receive an acknowledgement of receipt by email (the portal's comes from no-reply@immigrationcur.org; if you do not see it, check your spam folder): keep it as proof. Rib'e Lugá was separate, with its own application on that same portal, until registration closed on October 31, 2026.

   • If you send it by email, write a clear subject line (e.g. 'Application VTTV - [your full name]') so it is processed faster.
   • Attach files with descriptive names (e.g. 'passport.pdf', 'birth-certificate.pdf') instead of generic names like 'scan001.pdf'.
   • Keep a copy of everything you send: you will need it if you later have to object to a negative decision.
4. Wait for the decision (4 months).
   How to get this done

   What to do while you wait for the decision

   This procedure does not require you to wait for the decision outside Curaçao. The official page gives the Toelatingsorganisatie 4 months from the moment you submit the application and says the decision is sent by email to the address you gave: check your spam folder too. You can check the status of your application at any time (see the 'Check the status of an application' page).

   • If you change your email address while you wait, tell info@immigrationcur.org: the decision is sent to the address you gave.
5. If positive, schedule an appointment to collect the permit. If negative, 6 weeks to object.
   How to get this done

   Toelatingsorganisatie Curaçao (Admission Office)

   Prinsenstraat 90, Punda, Willemstad, Curaçao — Google Maps

   Monday to Thursday 08:00–15:00, Friday 08:00–12:00

   +5999 733-2000

   info@immigrationcur.org

   Since Monday, November 24, 2025 the office has been back in its renovated building at Prinsenstraat 90, Punda: the information desk and the issuing of residence titles (passport stamps) are there. The temporary location at Saliña 127 (Eurobuilding), used since September 2024, is no longer the Toelatingsorganisatie's address. The phone number is 733-2000; the old numbers 733-2080, 733-2081 and 733-2083 are no longer in use. Appointments to collect a passport stamp, proof of return, refund or final departure are booked through www.immigrationcur.org. For questions, email info@immigrationcur.org or message 'Admission Office Curaçao' on Facebook/Instagram.

   How to object to a negative decision

   You have 6 weeks to file your objection (bezwaar) by email to info@immigrationcur.org. The period starts on the day after the date on which the Toelatingsorganisatie sent you the decision, not the day you receive or read it (LAR, Art. 56; official objection and appeal page): if the letter is slow to arrive or lands in your spam folder, the clock is already running. Your objection must include: your full name and address, a clear description of the decision you are challenging, why you disagree, what outcome you want, your signature, and an address in Curaçao if you live abroad. Attach a copy of the decision and any new evidence. If your objection is rejected (or you prefer to skip this step), you can appeal directly to the Court of First Instance of Curaçao; see the 'Objection and appeal' page for full details, including the legal strategy of asking for a 'provisional measure' (voorlopige voorziening) if you do not want to wait outside the country.

   • Do not let the 6 weeks pass: after that deadline you lose the right to object this way.
   • If your objection is against the refusal of a renewal, by default you still have to wait outside the country, as with a first application, unless you explicitly ask the court for a provisional measure.

Downloadable forms

• Payment order DOCX · 95 KB · in Spanish · Official English version DOCX · 84 KB Fill it in here
  How to fill out this form

  Betalingsopdracht / Orden de pago: the Toelatingsorganisatie publishes the same order in Spanish, English and Dutch, with the Maduro & Curiel's Bank and Banco di Caribe accounts, 1-, 2- and 3-year rows and its own investor row (XCG 1,865 / 3,095 / 6,170).

  Form 910. This is the payment order you use to pay the procedure fees, at Maduro & Curiel's Bank (MCB) or Banco di Caribe, BEFORE you submit your application. You tick the line for your procedure and, for a permit by the year, the duration; each line's amount is already fixed.

  Section single — Select your product/service: Mark (with an X or a circle) the line that matches your procedure EXACTLY. For a permit by the year, tick the purpose and, below it, the duration: 1, 2 or 3 years for a first application or a change of purpose; if you renew, the duration under “Renewal”. Each duration already carries the total for all the years, so do not add anything up; the table below gives the amount for 1 year. For example, a first application for work is XCG 655 for 1 year, 1,270 for 2 and 1,885 for 3, and renewing a work-based permit costs XCG 615 for 1 year, 1,230 for 2 and 1,845 for 3.

  Proof of return	XCG 225
  Niet van Toepassing declaration	XCG 225
  Van Rechtswege declaration	XCG 615
  Internship stay	XCG 525
  Short stay	XCG 535
  Tourist stay extension	XCG 525
  Duplicate	XCG 195
  Final departure	XCG 145
  Investor, 3 years	XCG 1,865
  Investor, 5 years	XCG 3,095
  Investor, indefinite	XCG 6,170
  First application (work)	XCG 655
  First application (family reunification)	XCG 655
  First application (study)	XCG 625
  First application (rentier/own business/pensioner)	XCG 635
  Renewal (work/study/rentier/pensioner/own business)	XCG 615
  Renewal (family reunification)	XCG 625
  Change of purpose	XCG 615

  Tips

  • ⚠️ Remember: since April 1, 2026, if your permit is for more than 1 year (up to 3 years), you pay for all the years in advance: in a first application, the first year at the first-application amount and each extra year at the renewal amount; if you renew, all of them at the renewal amount. The order's 2- and 3-year rows already carry that sum (Toelatingsorganisatie payment order, September 30, 2026).
  • The order has no row for a change to study: the Toelatingsorganisatie confirmed in writing on October 12, 2026 that it costs XCG 615, like the other changes. Ask them how to mark it before paying.
  • In the payment reference of the bank deposit, write your full name, which is mandatory. The order asks for “only the full name”, but the Toelatingsorganisatie clarified in writing on October 9, 2026 that your date of birth can also go in if there is room.
  • Keep the paper or scanned receipt — you must show the original for inspection when you hand in your application.

Important notes

What the official rules say

• Dutch nationals (and by extension, Americans via DAFT) have 6 free months in Curaçao without needing to process any Van Rechtswege declaration — they already have automatic admission by operation of law during that time. It is at most 6 months within a period of one year, adding up your stays (2016 policy, sections 2.3 and 2.4). You only need to process it if:

  1. you want to work within those 6 months, or
  2. the 6 months have already passed.

  It is your responsibility to keep track — the government does not notify you when the time is up.

• Additional category not previously documented: anyone born IN Curaçao (regardless of nationality) admitted uninterruptedly since birth and who is already 16 years old, obtains automatic admission by operation of law. This is lost after 3+ continuous years outside Curaçao (except for study/medical treatment, returning within 1 year of finishing it). (Art. 3-i, 4, 5b LTU)
• Anyone with Van Rechtswege admission is exempt from the guarantee deposit (waarborgsom) — an exemption not mentioned on the deposit page. Also exempt: minor children of a woman born in Curaçao with Dutch nationality before marrying, and children born in Curaçao with a parent who has been a legal resident for 10+ continuous years. (Art. 11(2) LTU)
• 'Definitive departure' for someone with Van Rechtswege occurs if you move permanently outside Curaçao, or if you settle outside for more than 3 years (having been established in Curaçao for at least 3 years before). The declaration is automatically voided, you must deregister with Immigration, and if you return afterward you must apply for a new declaration from scratch. (Section 3.6, 2016 policy). This also applies to Dutch nationals: on October 12, 2026 the Toelatingsorganisatie confirmed in writing that the 2016 policy replaces chapters 1 and 2 of the 2006 Instruction, so the 'more than 1 year' of the circular that abolished the stamp form (paragraph 2.13) no longer applies.
• If you qualify by operation of law and are coming to live off your income or pension, to study or to do an internship, the declaration has its own requirements for each purpose: rentier, pensioner, study and internship. Consuls, military staff and personnel posted by a government have their own page.
• When the reason ends, the admission ends. Admission by operation of law ends on its own, without a letter or decision, when its reason ceases to exist: the government appointment ends, the military posting or the consul's post ends, or the adult Dutch national no longer has housing or sufficient means. With it, the admission of your spouse and minor children ends too, unless they have their own right by operation of law, and you have to leave Curaçao on your own. If you want to stay for another reason, apply beforehand for a new declaration or a permit. (2016 policy, section 3.5; LTU, Art. 5)

What real court cases teach

• The Van Rechtswege (VRW) is not the same as the 'Verklaring Niet van Toepassing' (NVT): only Dutch nationals born in Curaçao/the Antilles (or their children) have automatic access to the NVT. A European Dutch national, even after years of residing on the island, remains under VRW (ECLI:NL:OGEAC:2023:220).
• Working for the government (Art. 3, letter a LTU). In Curaçao, the 2016 policy (section 2.2.1) says this letter is to be interpreted broadly: it covers staff posted by the government of another country, while in its service, and anyone working for the Government of Curaçao, for as long as their appointment lasts; the official page asks for a copy of the appointment decision (aanstellingsbesluit). In Sint Maarten, whose guidelines also extend letter a to anyone who merely provides services to the government, the court said that extension is for specialized staff who are hard to find on the island, such as customs officers or teachers, and not for jobs like cleaning (ECLI:NL:OGHACMB:2025:263). Curaçao's policy has no such extension: the case is from another island, not the rule here.

Related real case law (2)

Frequently asked questions