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Fees to be implemented for the Processing of Residency Permits --- Foreigners with Residency Permits have no Rights to Legal Aid --- Minister Duncan --- Thousands will be left Illegal --- BTA did not solve all Immigration problems.

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rduncan12082011Philipsburg:--- Justice Minister Roland Duncan informed Parliament on Friday during a Central Committee meeting that he intends to charge NAF. 900.00 to process residency permits. Minister Duncan said he already submitted a draft change to the Admittance and Expulsion law to the Council of Ministers which still has to go the Council of Advice for vetting. The Minister said when this new law is implemented then he would be able to raise as much as 4.5 million guilders for his Ministry's budget. Minister Duncan also said that his Ministry intends to charge people for other services that are granted by his Ministry and is currently free of charge. Persons who request permits to have police work overtime would have to pay a fee for the services that will be granted. All of this he said will take place when the legislations are changed.
While not giving much detail on the amendment of the law, Minister Duncan said he was expecting discussions to take place on the issue.
The Minister also confirmed that persons who were granted a residency permit does not have the right to legal aid and social assistance based on a clause that is within the permits. He said he is of the opinion that persons who are in possession of permanent residency should be able to acquire legal aid. He said he is also of the opinion that persons with permanent residency should be treated equally to the Dutch citizens. However, his opinion is not shared by the labor Ministry. He further explained that he is of the opinion that person's that are married to Dutch citizens should not have to renew their residency permits annually and they too should have access to legal aid. The Minister said his Ministry is also reviewing some of its policies some of which will have radical changes.
The Minister made the clarification after Member of Parliament George Pantophlet asked him for clarification on the clause that is on residency permits. Minister Duncan explained to Parliament that currently one person from the Ministry of Justice is meeting with persons from the labor Ministry to find a solution to the problem.

Several Thousands will be left Illegal BTA did not Solve Immigration Calamity.

The Minister of Justice also announced to Parliament that St. Maarten will have to find solution and take a decision very shortly as to how they will deal with several thousands of people who applied for Brooks Tower Permits. The Minister gave the response to parliament after Member of Parliament Frans Richardson asked him for an update on the BTA process. Member of Parliament Richardson said the Minister has to give clarity on the Brooks Tower Accord 2 which was placed on hold after an investigation began late last year.
Minister Duncan said the committee already vetted all the dossiers that were before them and already they have indicated that several thousands of people will not get the permits, especially those falling under category 2 (2005 and after). Minister Duncan said there were just over 2000 dossiers that had to be vetted and more than half of them will be rejected.
Minister Duncan said that he also got information from the committee which indicates that some companies signed for people while those companies are not providing work for the people they signed for. He said there are not many companies that are involved in the practice but his Ministry still has to decide on how they will deal with the delinquent companies. Minister Duncan said he has no intention of re-opening the Brooks Tower Accord (BTA) procedure but a solution he said has to be found since the BTA did not solve St. Maarten's immigration problem.
Minister Duncan said there are people who have been living on St. Maarten for more than 20 years and they did not take the time to apply for the BTA permits. The Justice Minister made clear that he is not creating an alarm but this was one of the reasons he felt people who did not apply the first time when the BTA was launched should have had the opportunity to apply during the renewal period but his idea was misconstrued back then. St. Maarten he said though will have to prepare to deal with a few thousand illegal people in the near future.

Kingdom Partners Not willing to Assist St. Maarten with Prison Space.

Minister of Justice Roland Duncan told Members of Parliament on Friday during a Central Committee meeting that St. Maarten has a huge problem to deal with since none of its Kingdom Partners are willing to assist the island even though there is a signed agreement in place to assist each other with prison space should there be the need.
The Justice Minister said he made several requests through the Attorney General to the Netherlands and Curacao but so far he has seen several reports none of which is in favor of assisting St. Maarten with much needed space.
Minister Duncan said he was told that it would be too expensive for St. Maarten to send prisoners to the Netherlands since the cost to St. Maarten would be Euros 233.00 per day while the Netherlands basically said they do not want anymore criminals from the islands in the Netherlands. He said he was advised to check with Curacao and Bonaire as well as to see if it was possible to send these prisoners to the prison ships. As for Curacao, he said they claimed that they too do not have space but that he said is not true. The Minister said the problem facing Curacao is the lack of sufficient personnel and repairs have to be done at certain facilities.
"Curacao went as far as giving me a bill for the 12 St. Maarten prisoners that are currently there. The Justice Minister wants Naf.180 per day for each of the prisoners that are currently there. However, Curacao did not say when they will pay St. Maarten for keeping the six prisoners that is housed on St. Maarten for Curacao." Minister Duncan said that each time a person is arrested, the prosecutor's office is confronted with having to find space for the prisoners.
Minister Duncan said he did not send a bill to Curacao but he sent the bill Curacao presented to St. Maarten to the Attorney General. The Minister said the agreement that was signed is not being executed and in his opinion the Kingdom Partners are not functioning.
Minister Duncan said he was criticized for not finding a solution for the lack of prison space but he has petitions on his desk for the BOX in Cay Hill and for the Simpson Bay Outpost.
Member of Parliament Ruth Douglas asked the Minister if it was possible to introduce "bail" on St. Maarten and if this would create more revenue for the Justice Ministry. The Minister said he is willing to see if St. Maarten could introduce the bail system since this would assist with creating prison space.

Donner Threatens to take St. Maarten's Justice Minister to the Kingdom Council of Ministers.

Persons travelling through St. Maarten's Airport (PJIAE) should know that their personal information is being shared with Curacao's immigration as well as the Tourist Office of Curacao announced Minister of Justice Roland Duncan. The Minister also acknowledges that Curacao is invading people's privacy by sharing such information with their Tourist Office.
Minister Duncan said the ICT for the Justice Ministry which is the Border Management System (BMS), Foreigners Management System (FMS) and other software that is used by the public ministry, Court of Guardianship, is managed by Curacao. He said the servers are on Curacao and St. Maarten has terminals that feed their information to Curacao. Minister Duncan said he refused to sign an agreement which would allow the servers to remain on Curacao. He said he requested copies of the software so that St. Maarten can manage its own information but Curacao and Minister Donner has threatened to take him before the Kingdom Council for refusing to sign the agreement.
Minister Duncan said he has no problem sharing information with Curacao but he does not think that St. Maarten should remain dependent on Curacao to process its passengers when they arrive on St. Maarten. He further explained that processing these passengers take up unnecessary time since there are times when the servers move extremely slow. Duncan said St. Maarten is co-owner of the software and he informed Minister Donner of this in June 18th when they had a discussion on the matter, therefore St. Maarten is entitled to it. He said he asked for copies of the software so that it can be managed here.
The Minister said St. Maarten has the Franco Dutch Treaty while there are agreements with Anguilla that Curacao should not be concerned about. Minister Duncan said St. Maarten also wants to allow persons who apply for residency permits and gun permits to track their requests online since these are all web programs. He also explained that the Minister of Justice is responsible for people's privacy, he cannot guarantee ones privacy if their information is shared with another country.
Other issues discussed at Friday's Central Committee meeting is the duties of the Coast Guard, the radar station, the processing of police records, purchasing of police cars, the hiring of Marechaussees and Marechaussees in immigration booths, and the use of the crime fund which is still to be divided and the camera surveillance system.

Last Updated ( Saturday, 13 August 2011 02:12 )  
Comments (19)
  • Ronnie
    avatar

    Well I went through getting my residency permit extended third time in a row (not BTA) and right now I'm still waiting for my papers that I brought in February to be processed...I was recently told that the office are only on clients from last year October and November...so it seems that I will not be able to get my stuff until next year??? And I lost my job 2 months ago...hmmm....now how am I supposed to keep up with my bills?

    Is it true that work books are no longer being given out to people who lives on the French Side??

  • treaty
    avatar

    There is a treaty that govern born St.Maarteners of both sides.

    It say any born St.Maartener, can work on any side.

    If the treaty was cancelled, please leave us know.

    I am French, and work on the dutch side and have done so for the past 25 years.

    I pay all my dues, and I never get a tax refund.

    I sure wish Mr Duncan can explain this?

    Police records still take 3 months, why, I feel Mr Duncan should tell us.

    The truth sets everybody free.
    Lets open the book and people will stop, bothering everybody.

    If there is no work, people have to go back home.
    Government cannot help them.

    St.Maarten is only 17 square miles, we cannot solve the problems of the world.

  • general interest
    avatar

    It is completely logical that persons with permanent residency should be treated equally to Dutch citizens. And yet, it is understandable that, from a labor perspective, there would be alarm bells going off with this idea. What is non-contestable is that person's married to Dutch citizens should not have to renew their residency permits annually. We need to take a step backwards, remain calm and take decisions that are in the general interest. For too long, immigration policies add to already existing uncertainties and widespread confusion. As for the new naturalization process, one can only speak of organized chaos. Authorities need to revisit the royal decree on obtaining Dutch nationality within the framework of justice and fair play. It is obvious that this is not the case right now. I do applaud the justice minister for not simply saying 'yes' and 'amen' to whatever comes out of the Hague. Sharing information on persons pa**ing through our airport with Curacao is simply unacceptable.

  • Shooz
    avatar

    The minister submitted draft change of law to the counsil of ministers and then informs parliament? Bwoi, some backward sh.t

    I salute the minister for defending SXM's right not to depend on Korsao.

  • dragon
    avatar

    as far as i understand, the brooks tower application process finished a long time ago. it was for 1 year then 3 years then permanent. last year was only for persons to apply for renewal. if someone got papers, had them renewed, then why are they now not going to get their permits again? did the minister fool the people again? or did i misunderstand something?. also raising the fee for processing permits just to raise money for your department is just cruel. what's the justification? how about simplifying the process where people or company pay their fee, submit their documents and get an answer in a timely manner, either it is approved or denied, people have to pay such a high fee and now an increase and then have to wait a whole year to know if they get them or not.

  • Fish Face
    avatar

    Magaly Jacoba alias Fish Face put SAXM in big problem because she was travelled up and down to so call fix BTA for SXM. My BIG AXX. She was coming to sleep, have parties and .......... in SXM. Check on this site SMN-news.com in archive you will see how many times she was on the island for the BTA and ............

  • hmmm
    avatar

    well well here we go again minister making a big mess out of everything, so why cant ppl legal aid when these people paying tax and medical like everyone else, he is just messing the whole system, since sxm become a country these ppl think they can change everything but they just messing up everything. right now the most important thing is the crime rem its an tourist country now and if u loose all the tourist where will u get money from when everyone of these foreigner go back to their own country u cant collect all these fees so think what u guys doing just dont sit and think how u can make money off the poor people thing about the long run when they pick up and move where the money will come from. as i always say is not the foreigner will suffer in the long run is the people who from here , where will u guys run and go????????

  • V
    avatar

    Doesn''t the labour dept charge for a work permit?, so why can't justice charge for a resident permit? They have to make it harder for people to get residency, If you have been here for a long time, never had any encounter with the law, paid your taxes, those are the people whom should be given permanent residency, they have proven to be good citizen.

  • Jerome
    avatar

    Before the foreigners came, sxm people were living good, that is why the foreigners decided to come to sxm... So if the foreigners leave sxm pple will continue to live....Everytime there is news on sxm, they always making it a sxm- foreigners issues.

  • Youth
    avatar

    Mr Duncan
    Do what you have to do as long as we can be protected.

    Jesus was crucified, and God forbid if he comes again,
    I always wonder what they will do with him now.

  • Teacher
    avatar

    The parents that are foriegners have now to pay more for their resident permit so the governor will feed more schoolchildren.
    Will the minister make more money????????

    What is happening with the naturalisation process??? People who did 3 years ago the exam, can't get the dutch nationality yet!!!!!!

  • Black Labor
    avatar

    I applaud the inititives taken by the Justice minister. This little island has to many misfits an vagrances. We do not need anymore prison cells, what we need to do is expel those illegals to their country of origin. The employers hiring them are to be held responsible for their repartriation. Employers are responsible for the employment of these people. They are the ones benifiting from the illegal employment of those persons. The immigrant has not employed his/herself. They are being employed by those economic suckers, who actually steal from the down trodden. Sart right and all will end right. People are fed up to their neck and something very very serious is going to happen. Crime on this island is getting out of propotion. Nore police men, will not help, the criminal code is a farce. No country in the world can say they have enough police officers. Let's stop the bullshit. People has the right to defend themselves at any and all cost if the state is unable to fulfill it's obligation. The laws of nature is one way to start . One can start by excuting a stae of madness. That person will no longer be a threat to others. and so on. Vigilanties is another option, and the state of the art sciences is also available.

  • peeved
    avatar

    What the justice minister is doing is ridiculous. Everyday he preaches about HUMAN RIGHTS and INTERNATIONAL LAWS. Mr. Sinister is it lawful to take peoples money under false pretense aka BTA and turn around and deny them their residency permits or legal aid. At the same time while these people are working and paying their taxes, which many of your business friends aren't doing.
    Is it HUMANE to set up a system where the employees is at the mercy of their employers?
    example;
    What if the employer decides not to pay the employee his salary for the month, for no apparent reason ? What can the employee do if he cannot get legal aide to defend their rights?
    Unbelievably at the same time you are asking them to pay a fee of fls.900 for residency papers (which they cannot get on time any way)...
    God help us with this misguided minister (mr. shoot first then ask questions later) I wish it was election time again...

  • Black Labor
    avatar

    @ peeved

    Mr. Minister did not take your or any other monies. Your ignorance of the laws of this land is the cause for you being peeved. The ordinances on admitance and expulsion is clearly written. It is your and others duty to inform yourselves.
    One can request a permit of any sort. To qualify is another factor. Before you take up employment you should demand that the person desirous of employing you get the proper documents for you. That is the law. What you fail to do for yourself is not my or any other problem. If you knew you did not qualify, why did you apply? You are working in contravention of the law. you are working you must pay the required taxes. The question here is do you have a Crib Number? Your employer is the sinister one. He has wronged you, why not take it out on him? You talk about Human Rights, There is no such thing my friend. You gave up your rights when you personaly applied at the BTA offfice. That was not for you to do. It was the responsibility of your sinister employer. Aske the questions that you need the answers to. Have you studied oe attended law school ? What do you understand about International Laws? My friend you have put yourself at the mercy of your employer no one did it for you. If he does not pay you at the end of the month, you have a right to address the matter in the best possible way you deem fit. If not, you can leave it to Jesus.
    The problem started with you people " Oh I want my papers so I don't mind paying for it. " That has caused today the opening of a whole keg of worms. Don't blame the Minister. Read and don't be lead. Don't read and be mislead.

  • Bullshit
    avatar

    EVERYWHERE IN THE WORLD IF YOU ARE MARRIED TO A NATIONAL OF THE COUNTRY, YOU HAVE RIGHT AFTER 5 YEARS.

    mR dUNCAN, NEEDS TO GET THIS CORRECTED.

    LOVE IS BLIND, AND PEOPLE CHOOSE FOREIGNERS,
    AND HE KNOWS THIS, WHY IS IT GOOD FOR SOME AND NOT ALL.
    AFTER 5 YEARS, YOU SHOULD GET A PERMANENT RESIDENCE STATUS.
    HOW CAN YOU TREAT A SPOUSE OF A NATIONAL, LIKE A DOG.
    MR DUNCAN, I WANT TO SEE YOUR EXPLANATION ON THIS ONE.

  • SXMer
    avatar

    All I can say is that we have to much FOREIGNERS here and they are looking for rights here and still have rights in there own country, we come first other wise something bad, (VERY BAD) is going to happen, because people that have their backs against a wall will FIGHT BACK, and than what???

  • Joseph
    avatar

    WOW Naf 1,600 for work permit for one year and now Naf 900 for residence permit for one. A total of Naf 2,500 to obtain both for one year which has to be paid by the individual not the company. Hmmm

  • Shooz
    avatar

    People who don't like it don't have to come here and try to get it.

  • Pleaser!
    avatar

    @ bullshit, Love is blind my a**. Many have married the person for papers and after they get the papers or their business they treat the person like dog. Truth shall set you free. Where is the goldmine :sad:-?

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