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St. Maarten Immigration policy: Important things you should know

St. Maarten Immigration policy

Resurfacing after the global lock-down of 2020 has been an ever-changing ordeal that has left many St. Maarten business owners often times with more questions than answers – particularly as it relates to immigration policy. Also stemming from the pandemic is a greater interest from foreign employees working from remote, especially in connection to persons offering professional services from the comfort of the Caribbean to the international market.

Most of us that have been living for many years on St Maarten, can recall (particularly prior to the pandemic), when the immigration process was more of a “do-it-yourself” option. There was not a real need for a qualified immigration specialist to ensure your file was truly compliant. Compliance in St Maarten – like in many other jurisdictions – is more likely to be placed at the forefront, as countries make efforts to preserve and protect their respective economies.
Here are some important details you need to consider before advancing on your immigration process in St Maarten:
1. Income earning levels for Guarantors have increased – The minimum requirements for guarantors was previously set at an annual income earnings level of NAF 24,000 (USD 13,334); however, as of June 1st 2021 this minimum threshold has been raised by approximately 50 percent. Additionally, the earnings must now be verified by way of filed tax declarations, supported by bank statements, pay slips, and job letter if required.

2. The difference between indefinite and permanent – Compliance is key everywhere we go and as a non-national legally residing in a foreign country, your stay has direct ties to your compliance and adherence to the local requirements and regulations of that jurisdiction. It is important to emphasize this, because in past many people have mistakenly used the term “permanent” to describe a residency permit that has no explicit expiration date. Non-compliance to tax policy, as well as inability to provide sufficient means of income can be reason for an indefinite residency to be revoked. Please remain mindful that residency permits are not “permanent” and can indeed be rescinded or revoked for non-compliance.

3. Managing Directors must show detailed business activity – Managing director programs are also under more scrutiny to protect the local labor market, as well as to ensure that those being granted a temporary residency permit are actually investing in, and exploiting, a business on island. This must be supported for first-time applicants with evidence of sufficient funds to start the business (a minimum reserve of NAF 36,000/USD 20,000) is the benchmark currently observed. Applicants for extension must show fiscal activity supported by monthly tax declarations, as well as annual tax filings. Although employment of a national is not currently a requirement, it is strongly encouraged.

Choosing your immigration services provider is now, more so than before, a very important decision that can have an impact on your livelihood and plans for many years to come. Verifiable experience, trust and reputation should be your deciding factors rather than simply price and location. The Team at BrightPath consists of multiple members with over 30 years of collective experience in the immigration and business incorporation services sector.

With tens of millions of dollars of client investments to St Maarten with the support of BrightPath, a regional presence in the English-speaking Caribbean, and more than 1,800 files handled in the past 8 years of business – it’s understandable why BrightPath continues to be the most recognized and trusted immigration services provider for the Caribbean.

sint marteen bright path caribbean airplane

What documents do I need to start a business in Sint Maarten

REQUIRED DOCUMENTS TO OPEN A BUSINESS IN ST. MAARTEN

At BrightPath Caribbean, we can provide you with fully integrated and comprehensive services to facilitate you in starting your business in St Maarten.

In order to start a business in St. Maarten, a “Business License” based on the “Vestigingsregeling voor Bedrijven” Ordinance must first be issued. This can be done in the form of a sole proprietorship, a limited liability company (N.V. or B.V.) or other as regulated in the Civil Code.

The following require a business license:

  • Dutch nationals not born on St. Maarten, Curacao, Aruba, Bonaire, Saba and St. Eustatius.
  • Foreign nationals
  • A limited liability company (N.V./B.V.) or other entity
  • A locally established sole proprietorship

Trust the experts at BrightPath to guide you in establishing the necessary articles of incorporation for your limited liability company. Additionally, we (BrightPath) submit the request for a Director and Business License at the Minister of Tourism Economic Affairs, Transport & Telecommunication (TEATT) along with other documents required on the client’s behalf.

Kindly take note of the following:

  • A nonrefundable processing fee must be paid by the applicant
  • Once the Director’s license is approved, a residence permit is required for the foreign national who intends to live on St. Maarten. This must be done by requesting a residence permit at the Department of Immigration, Border Protection Services. Find out more about immigration services at BrightPath by contacting us.
  • In addition to a business license, an Operational License may be required for some businesses. This request is submitted at the TEATT, via the Department of Economic Licenses.

Do you have any questions?

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Sint Maarten is a top Caribbean destination for tourism and investment

TOP 10 CARIBBEAN DESTINATIONS FOR TOURISM AND INVESTMENT

If you’re ready for your next tropical getaway, but aren’t sure which island is right for you, this blog post can help you choose your next Caribbean destination – whether it’s for business or pleasure. There are many islands to visit in the Caribbean, but St. Maarten is the top Caribbean destination for investment and tourism!

The list below was put together by Ben Souza for CruiseFever and showcases the top Caribbean destinations as decided by travelers.

Top 10 Caribbean Destinations for Tourism and Investment:

10. Roatán: This is an island located on the coast of Honduras, it’s a great tropical getaway with its sandy white beaches. The mild climate and friendly people will make your experience feel simply delightful. Also, Roatán is known for having the second largest coral reef system in the world.

9. Ocho Rios: Located on the coast of Jamaica, known for its world-class resorts and impressive beach clubs. If you are looking to propose, here you will find a wide selection of precious jewelry and gems. You will feel comfortable all-season round, Jamaican style.

8. Oranjestad: This city is the capital of Aruba. It has a combination of antique and modern which makes this island unique. It has accessible beaches that will have you enjoying this small city all day long.

7. St. Kitts: If you enjoy trees and being outdoors, this island located in the West Indies is great for you. It has a wild rainforest that expands all over the island instead of shrinking. It’s also known for its diving and scuba areas if you’re looking for more adventure.

6. San Juan: This popular city is the capital of Puerto Rico. Take a tour in this city and explore every known and historic corner. And you will not have visited San Juan without making a stop at Finca Cialitos, known to be a coffee house where the owner cultivates and roasts his own coffee beans.

5. Grand Turk: The island located in the Caribbean is known for its famous port that has nearly 18 acres of landscape grounds. From blue waters to one of the largest swimming pools of the Caribbean, you will be enjoying nothing but fun.

4. Grand Cayman: The largest of the three Cayman Islands. Discover the beauty of these beaches when looking for relaxation. If you are looking for something more adventurous take a visit to Stingray City, where you will get the play with friendly Southern Stingrays.

3. Cozumel: One of the most visited ports in the Caribbean, will have you in activity once you arrive. This Mexican island has an incredible culture, they don’t think that hospitality it’s just a practice, and they consider it a belief.

2. St. Thomas: Second one on the list is known for its shopping and its Cosmopolitan style. It has the prettiest beaches, stunning panoramic views and exciting nightlife. Take the Skyride 700 feet tall and have an incredible view of the city from above.

1. St. Maarten: And we’ve arrived to the number one top Caribbean destination for tourism and investment! What can’t you do on this island with its architecture and exotic beaches? St Maarten has been voted as the best cruise port in the world for two years in a row. Since cruises arrive daily, the tourism is one of the financial motors of this island. Its cultural and natural wealth makes this island perfect not only to take short vacations but to live here. This island is also called the gastronomic capital of the Caribbean, so looking for good restaurants here will be no problem. St Maarten has a stable growing economy, making it the highest income per capita island on the Caribbean.

At BrightPath Caribbean, we believe in the growing success of this island, so we are here to help you set up your business in St. Maarten. We only handle quality investments that will yield a financial impact both for the investor and the island. Now is the perfect time to initiate your business and stay in St. Maarten with all the advantages this island can provide you.

Do you have any questions?

CONTACT US

Work permits and Residency permits in Sint Maarten

LEARN MORE ABOUT WORK AND RESIDENCY PERMITS FOR ST. MAARTEN

If you’re considering living and working in the Caribbean island of St Maarten, here is a useful checklist of documents we will require you to present in order for us to process your immigration request. At BrightPath, we are aware of our responsibility as the most recognized immigration services provider in the region and we thank you for choosing us! If you have questions, or if we can be of service feel free to reach out to us at info@brightpathcaribbean.com

Applicable requirements for Dutch passport holders & US Citizens

Residency permit required: YES

Work permit required: NO

  • Original birth certificate (date of issue less than 3 years); If US Citizen, birth certificate must bear an apostille stamp
  • Original police record (date of issue less than 6 months)
  • Valid passport copy (all pages) with picture page in color
  • Original job letter, confirming start date, position, and income, addressed to St Maarten Immigration & Border Protection Services Department
  • Evidence of valid health insurance
  • Two Dutch-sized passport pictures
  • Original proof of de-registration (for Dutch nationals only)

Applicable requirements Foreign Nationals (Non-Dutch, Non-US Citizens)

Work permit required: YES
Residency permit required: YES

1. From Employer:

  • Proof of Labor Registration for the current year
  • Proof of notification of vacancy, along with supporting job description
  • Copy of bilateral, fully executed Labor Agreement
  • Summary form of monthly taxes (Wage tax/AOV/AWW) showing current payment
  • Evidence of vacancy publication via newspaper ad
  • Relevant application and/or declaration forms, signed and dated

2. From Employee:

  • Copy of all pages of your valid passport
    i) The information page must be in full color
    ii) No cut-offs allowed on the copies and preferably scaled to size
    iii) Validity of passport must be at least six-months out from date of application
  • Original birth certificate, legalized by a Dutch Embassy or bearing an apostille stamp from the country of issuance
    i) This document cannot be older than 3 years; no exceptions
    ii) If issued in a language other than English or Dutch, a certified translation of the same is required. This translation must also be legalized.
  • Original police record
    i) This document cannot be older than 6 months
    ii) Although a legalization by a Dutch Embassy or an apostille stamp from country of issuance is NOT a formal requirement, we encourage obtaining the same when possible.
    iii) NOTE: we reserve the right to refuse police records that are not in original format, are a downloaded version of an internet report, or that cannot be readily verified by our staff.
  • If married, original marriage certificate (if divorced, original divorce decree; if widowed, original death certificate of spouse) legalized by a Dutch Embassy or bearing an apostille stamp from the country of issuance
    i) Either of these documents cannot be older than 3 years; no exceptions
    ii) If issued in a language other than English or Dutch, a certified translation of the same is required. This translation must also be legalized.
  • If applying for your spouse and/or minor children
    i) Note items a through d apply for the spouse
    ii) Note items a through b apply for the children, along with evidence of school registration in St Maarten. This will be applicable for each child over 4 years of age.
  • Evidence of sufficient income from the petitioning applicant to support the request, and to stand as guarantor for the same may also be required
    i) NOTE: if one of the parents of the minor child is remaining abroad, an original, notarized letter of consent along with valid passport identification of that parent will also be required.
  • Evidence of valid health insurance
  • Two Dutch-sized passport pictures
  • Copies of diplomas, certificates, and/or reference letters, duly notarized, preferably from the country of origin.

Do you have any questions?

CONTACT US

Top reasons why you should consider moving to Sint Maarten

TOP 3 REASONS MOVING TO ST. MAARTEN

If you are a citizen of the United States and you are considering starting a business, working, or retiring in the Caribbean, here are some reasons why Sint Maarten should be on the top of your list. As the most recognized regional immigration services provider, operating throughout the English-speaking Caribbean, the team at BrightPath can offer you objective advice, as well as reliable immigration and relocation services in order for you and your family to safely move to the Caribbean.

Here are some important facts that make Sint Maarten a very attractive destination for US nationals wanting to relocate abroad:

1) The Dutch-American Friendship Treaty: Under article 3 paragraph 1 sub f. of the National Ordinance on Admission and Expulsion, Dutch citizens born outside of Sint Maarten (or the former Netherlands Antilles), will be legally admitted to Sint Maarten under the following two conditions – (i) Certificate of Conduct; and (ii) Housing and sufficient means to provide in their own livelihood.

What does this mean? In summary, if you can prove no criminal background and that you have sufficient verifiable funds, BrightPath can start your immigration process to get you legal residency.

Why does this benefit US nationals? Because under The Dutch-American Friendship Treaty, US Nationals are given equal privileges as Dutch citizens born outside of Sint Maarten and/or The Former Netherlands Antilles

Will obtaining residency affect your status as a US passport holder? The answer is no. You keep your US passport and you also acquire the right to live, work, retire, or even start your business on Sint Maarten.

2) Tax Benefits: Sint Maarten has no property taxes. Yes, that means you can purchase real estate here and not have to worry about annual property taxes. It’s absolutely property tax-free. There are also no taxes on goods or services and no capital gains tax. You can also import all your personal belongings free of any taxes because there are no custom duties on imported goods.

3) Real Estate and Banking: Sint Maarten’s real estate sector is holding strong with retained values on property, and in many cases, showing appreciation over time. Although the official currency is the Netherlands Antillean Florin (NAf), transacting in United States currency is widely practiced with no licensing required for bank accounts in US dollars. Internationally recognized banks still continue to operate on island, offering a stable banking system, with little to no sign of change in the foreseeable future.

Do you have any questions?

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Incorporate a new business in Sint Maarten

HOW TO START A NEW BUSINESS IN ST. MAARTEN

Are you looking to open a business in St. Maarten? BrightPath Caribbean handles every aspect of opening a new business in St. Maarten, regardless of nationality. We will guide you through the entire process, from drafting your company articles to submitting and obtaining all required business certificates and licenses.

St. Maarten is the ideal Caribbean island on which to open a new business, since it carries a duty-free status and has no foreign-exchange controls. With help from BrightPath Caribbean, we can help you open a new business in St. Maarten in as little as 6 weeks (conditions may apply)!

The following individuals require a business license in St. Maarten:

  • Dutch Nationals NOT born on St. Maarten, Curacao, Aruba, Bonaire, Saba and St. Eustatius.
  • Foreign Nationals (Americans may qualify for our Express Service).
  • A Limited Liability Company (N.V. / B.V.) or other.

BrightPath Caribbean can make it easy to start a business in beautiful St. Maarten! We have the experience to guide you every step of the way; we will send you document checklists, obtain licenses on your behalf at government offices and even open your business bank account for you. We know that starting a new business requires a lot of time and hard work, which is why we handle all the paperwork for you, from drafting your first company articles to submitting and obtaining all St. Maarten government business licenses.

To start a business in St. Maarten, the following documents are required:

New business application form (completed and signed).

  • Original police check (no older than 6 months).
  • 2 proofs of address (utility bill, cell phone bill, etc.).
  • 2 government-issued IDs.
  • Color copy of passport.

Are you planning to open a limited liability company or partnership in St. Maarten? If so, you’ll need to send a letter to the Executive Council of the Island of St. Maarten.

What a limited liability company or partnership request letter must include:

  1. The name of the business.
  2. The name of the business owner.
  3. The nature and objectives of the business.
  4. The investment capital available.
  5. The place of establishment.

After opening a business in St. Maarten, you will need to visit the Department of Economic Licenses to obtain a business license, an operational license (if applicable) and any director licenses needed.

Submit the following documents to the Department of Economic Licenses:

  1. A letter (in Dutch) addressed to the Executive Council requesting a business license.
  2. A copy of the director’s(s) passport.
  3. A copy of the director’s curriculum vitae.
  4. A copy of your diploma(s) certificate(s) of director (s) (only needed to show certain expertise).
  5. A copy of your police record of director (s) with foreign nationality. (not valid after six months).
  6. The exact address of the business.
  7. Your present home or mailing address.
  8. Your current telephone number.

Please note, that once your new St. Maarten business license is issued, a residency permit is required for all individuals planning on living in St. Maarten for longer than their travel visa allows. This must be done by requesting a residence permit at the Department of Immigration and Border Protection Service, which BrightPath Caribbean can help you set-up after the St. Maarten business license is approved.

Unlike other Caribbean countries – with the right professional help – it is very easy to open a new business in St. Maarten. There are no large investment requirements, and the process isn’t incredibly lengthy, especially for American citizens.

Do you have any questions?

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Obtain Legal Residency in St. Maarten Through Real Estate

SO YOU BOUGHT A PROPERTY IN ST. MAARTEN…

Often times, in our day-to-day interactions with colleagues in the real estate sector, as well vacation home-owners that have their primary home abroad, we run into this scenario. Many people that have purchased real estate on the island don’t even realize that this may give them the option to apply and likely qualify to obtain legal residency on the island. Having legal residency on the island is helpful if you wish to transition into a more “permanent” Caribbean lifestyle – not to mention, it’ll save you the long lines at the airport on arrival!

As the most recognized immigration services provider on the island, we at BrightPath are happy to provide you with the services required. However, it is important that you gather your paperwork to start the process. Below is a checklist with the items you’ll need to have on hand to start the process:

  • A color copy of your passport, all pages included
  • Original birth certificate, legalized by a Dutch Embassy or bearing an apostille stamp. Neither item can have a date of issue older than 3 years. If issued in a language other than Dutch or English, a certified translation will be required
  • Original police record issued within the past 6 months. Also, if issued in a language other than Dutch or English, a certified translation will be required
  • If married, widowed, and/or divorced: Original marriage/death and/or divorce certificate, legalized by a Dutch Embassy or bearing an apostille stamp. Neither item can have a date of issue older than 3 years. If issued in a language other than Dutch or English, a certified translation will be required
  • Evidence by way of deed of transfer that a property has been purchased in St Maarten for an amount equal or greater to USD 255,000

As an added service, we can also assist in obtaining the required certificates and/or related legalizations depending on your country of origin.

Do you have any questions?

CONTACT US

Why hire a professional for your immigration and relocation needs?

THINKING ABOUT MOVING TO THE CARIBBEAN?

Moving is tough – all of us who have made that big jump and relocated to another country can confirm it’s not the easiest experience. Change is often difficult. Do you know what’s even more difficult? From our experience at BrightPath, we would say that finding the right advisors to guide you in the decision-making process is often like finding a needle in a haystack. So, if you’re considering emigrating to the Caribbean, here are some tips to take into consideration if St Maarten is on your relocation radar:

1-No office, no thank you! – Needless to say, if you’re considering entrusting someone with your immigration process, you should definitely adopt this policy. The days of handing over your most private and confidential documents to someone who’s not licensed and doesn’t have a storefront (and reputable) business operation are a “no-no”. Save yourself a horror story and rely on this one as a rule of thumb.

2-Check for references – check, check, and check some more. Just because your friends took the big leap and did it themselves, doesn’t mean you should too. COVID-19 has caused changes to procedures, requirements, and timeframes. Make sure that you do your research, manage your expectations, and look online for reviews and credible feedback on available immigration services providers.

3-Rely on a team of experts – It’s important to sort out the best in their industry and rely on their specialty only. What does this mean? It means your real estate agent is your real estate specialist (period). Your banker is your banking specialist (period). Your tax advisor… well, you get the point. So, guess what? Your immigration specialist, is your immigration specialist (PERIOD).

4-Do it right and do it once – If you’re a US national obtaining legal residency on the island, in most cases it’s usually a one-time matter when applied for properly. Although other islands in the Caribbean may be actively promoting “live and work here” immigration programs targeting US nationals, St Maarten is unique in that The Dutch-American Friendship Treaty streamlines the residency process for Americans. What does this mean? That in most cases, your residency permit, once approved is for an indefinite period of time – no annual renewals and no additional fees. Once and it’s done. Even better is the fact that you get to keep your US passport and your rights as a US citizen. Applying for legal residency on the island of St Maarten does not have an impact on your US passport holding status.

Do you have any questions?

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How much do I need to invest to become a resident in Sint Maarten

MINIMUM INVESTMENT TO BECOME A RESIDENT

BrightPath specializes in immigration services for persons who are wishing to relocate to the Caribbean. Our head office is based in St Maarten and our network expands throughout the Eastern Caribbean region. BrightPath’s immigration and relocation services are also available on the islands of Dominica, St. Kitts, and Antigua.

For most of our clients wishing to invest abroad, having access by way of citizenship or residency is of great importance. In the Caribbean island of St Maarten, for residency by way of investment, it is important to consider the following:

A property

A real estate purchase of a minimum amount of USD 510,000 is required prior to applying for residency under the Investor program. If you are a passport holder of the United States of America, under the Dutch American Friendship Treaty, we may request legal residency prior to making the real estate purchase. For more information on the Dutch American Friendship Treaty and how you BrightPath may be able to obtain legal residency for you under the program.

Working

Work with a licensed, experienced, and recognized real estate broker that will be able to ensure that your purchase is done in a way that is duly registered and recorded so that you can advance to request your legal stay in St Maarten through your new investment. We recommend our affiliate BrightFuture Realty Group to properly guide you along the way and secure your property in a manner that benefits you and your long-term goals.

Retirement

Thinking of retiring on the island of St Maarten? If your answer is yes, it’s important to consider that under the Pensioner program you are allowed to request temporary residency on the island for up to a one-year period without having to purchase real estate up front. It is a requirement, however, that for the renewal of your temporary residency permit under the Pensioner program that you purchase property for a minimum amount of USD 225,000 within that first year.

If you’re interested in relocating to the Caribbean island of St Maarten, or if you have made an investment in St Maarten and you wish to explore legalizing your stay contact the experts at info@brightpathcaribbean.com As the Caribbean region’s most recognized and trusted immigration services provider – with complete solutions all under one roof – rely on BrightPath to make your dream of living in the Caribbean a reality.

If you wish to have more than one managing director, additional fees will apply. Therefore, it is important to keep in mind what type of investment or company you wish to incorporate in St. Maarten and the costs associated with each type of business. BrightPath Caribbean recommends having a budget of USD $6,800 – $10,000 that when incorporating a business in St. Maarten, depending on the type of business being incorporated and the number of managing directors that are to be established.

Do you have any questions?

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How to open a Business bank account in Sint Maarten

WANT TO OPEN A BUSINESS BANK ACCOUNT IN ST. MAARTEN?

Are you ready to open a business bank account in St. Maarten for your local business? There are many different ways BrightPath Caribbean can assist you with opening a bank account here on the island. We have relationships with all major banks in St. Maarten and can assist you with opening a business account from start to finish, making the process completely stress-free. Each bank has its own specific requirements, which we always consider when opening a new bank account in St. Maarten for our clients. We are also able to assist you with opening multiple bank accounts in various currencies.

Opening a Business Bank Account in St. Maarten

You can open a business bank account in St. Maarten at any of the several international banks located on the Dutch side. Whether you’re from Canada, USA or Europe, BrightPath Caribbean has all the knowledge, experience and resources to help you open a bank account in St. Maarten in just three simple steps.

To open a business bank account in St. Maarten, your business must be active, and you should have all required documents, which are outlined below. Most banks have the same general requirements, but some banks may have their own specific requirements.

Documents needed to open a business bank account in St. Maarten:

  • Articles of Incorporation of your business.
  • Excerpt from the Chamber of Commerce.
  • Shareholder’s registry.
  • Business license.
  • Director’s license.
  • Bank reference letter.
  • 2 forms of valid photo ID.
  • Proof of address (two utility bills).
  • Financial statements and/or business plan.
  • More documents may be required.

After you have gathered all of the documents above, BrightPath Caribbean can help you open a business bank account in St. Maarten quickly and easily! There is a waiting period to process your new business bank account, but once approved, you can begin using your St. Maarten business bank account right away!

Do you have any questions?

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BrightPath Caribbean