Provisional residency requirement: 1 year or 5 years???

It will probably go into effect sometime this year but after the elections it may change again.
Still a hard process to get your citizenship. Residency is pretty easy.

Bob K

Bob,

So you have heard of this? When are the elections and how do you think they would affect immigration policies?

Elections are in May and there has been some changes in the law. I know it is now harder with more paperwork required for residency.

Bob K

Yes, the new law requires you to have provisional residency renewed 3 times before you can apply for citizenship.

Once you obtain your "permanent residency", how often does it have to be "renewed".   I realize laws change quickly, so what applies now may change at any time.
Gracias.

A question for your lawyare.  Iknow that this will be out third renewal and we can apply for one longer then 2 years at this point.  I belive it is 5 years now or maybe longer. I will also check with our lawyer this month as we are due for renewal in april.

Bob K

Terms for Citizenship has Changed

Keep in mind that Dominican Immigration Process is still an open administrative procedure. There are no judges, just meeting the documentation requirements makes you eligible to become a resident.

The law hasn't changed, it is still the same, law-285, from year 2004. This law establishes that a application regulation has to be created in order to materialize what the law orders. After 7 years in the making, the General Directorate of Migration has come up with regulation No. 631-11.

Before the new Immigration Regulation was approved, the path to Dominican Citizenship under the normal route (not investor nor retirement route) was the following: First you had to obtain Provisional Residency, which is good for up to one year, after which you are eligible for Permanent Residency. Permanent Residency. One year after obtaining Permanent Residency, you WERE(not any more) eligible for citizenship.

New path for Citizenship

First you must obtain Temporary Residency, which is good for up to one year. You must renew your Temporary Residency Permit every year for four years, after which you are eligible to apply for Permanent Residency.

Two years after obtaining Permanent Residency, the person is eligible for Naturalization in order to obtain Dominican Citizenship.

The Immigration Regulation establishes in article 51.II that the time requirements under Temporary Residency will be reduced by the Dominican General Directorate of Migration if the person proves to be an important  cultural, teaching, professional or technical resource. The decision is the complete sovereign appreciation of the Director of the General Directorate of Migration.

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About the Policies

Foreigner's Regularization Plan


The new regulation states that the Ministry of Interior Police of the Dominican Republic will begin the Foreigner's Regularization Plan. When this action plan begins, all undocumented foreigners as well as all the foreigners that over stays their stay permit will be deported back to their countries. This persecution plan will not last longer than 36 months.  At the present moment Interior Police is training the Immigration Police force, the regulation is not clear about when the first Regularization Plan will begin, it just explains once it begins it can not last more than 36 months, after which it will begin again the next year.

Amnesty

The regulation establishes that every foreigner that can prove 10 years of illegal permanence in Dominican Republic can apply for Permanent Residence, and every foreigner that can prove more than five but less than ten years can apply for Temporary Residency Permit, the rest will be deported. The amnesty ONLY APPLIES for time periods BEFORE 2010.

Brand New Key Legal Elements Brought By the Immigration Regulation:

Deportation: This is the first time that Dominican Republic has clear causes for deportation and a procedure for it. Article 129 of the Dominican Immigration Regulation explains  deportation as a simple administrative procedure by which the Dominican Government expels a foreigner out of Dominican Territory. The causes of deportation are numbered in article No.  121 of the Law of Migration, Law No. 285 These are:

1. When the foreigner has entered the country illegally or remains in Dominican Territory illegally.
2. When the foreigner has obtained his entrance or permanence in the Dominican Republic using false documents.
3. When the foreigner remains in Dominican Republic after his authorized stay permit has expired, or has been canceled, or when he/she does not abandon Dominican Republic Territory in the term warned by the General Directorate of Migration.
4. Ect... the rest you can find at my full article, ask me about it.

Once the foreigner is repatriated, his return to Dominican Republic is conditioned to a special permit issued by the General Directorate of Migration.

Detention defined in article 134 of the Dominican Immigration Regulation: it is the deprivation of liberty and the forced custody of a foreigner by the migration authorities. It is initiated by a detention order issued by the General Director of Migration or by any authority immediately after verifying the foreigner’s illegal status. Detention, as the regulation explains, should always be the last resource, and should only be used when any other measures are esteemed insufficient, it is prohibit to detain a pregnant  women or breast feeding, senior persons and asylum petitioners.


FOREIGNESS REGIME  foreigner have the obligation to regularize their Migrant Status, the book of Foreigners is Created and kept at the National Directorate of Migration.

Important to add that Investor Route and Retiree route remains the same, you get instant Permanent Residency.

Sincerely,
Dr. Ramon Alburquerque

This confirms what I have heard. I've contacted 4 sources for DR residency/naturalization. Not all are even aware of the changes, but even those who are aware of the changes are continuing with the old process for now(1 yr provisional).

I've been reluctant to start the "normal" process due to the law change. What happens if you are in that first year of provisional residency and the new rules are then enforced? Do you then have to fulfill the whole 5 yrs provisional requirement? I would guess so.

Good to hear the retiree option is unchanged. Any info you have on that would be appreciated.

All the same, it's interesting that it took 7 years to develop the regulation for applying the law. I wonder if the economic downturn has forced their hand.

Anyhow, very much appreciate the detail and depth of your reply.

RED 54,

The process is basically the same, only that instead of one year with your Provisional Residency, now you have to renew it consecutively for four years in order to be eligible for Permanent Residency. Remember that after one year with temporary residency, the Immigrant can apply for a time frame reduction in order to apply for his Permanent Residency right away, though he must prove himself an important resource for Dominican Republic. We must wait and see how this legal instrument is used, whether they will be strict or not, from my part, any person with a small business that hires at least 3 people is a very important resource, considering the world job crisis going on.   

About the Retirees, Pensioned Route

Dominican Immigration Regulation establishes for retirees that can prove an income source or to be economic solvent enough to have available for their survival at least US$1,500 per month can benefit from Dominican Permanent Residency without having to go through the whole process of Temporary Residency First, which saves you money, and maybe a few years. Following the same line of thought, for every relative applying with the main applicant, you must only justify us$250 more per month. As the name implies, Permanent Residency grants indefinite leave to remain in Dominican Republic.

THERE IS NO AGE MINIMUM NOR LIMIT,which means you can be 18, and if you have a permanent source of income, you are eligible.

For your Application your lawyer (probably us) will need a certification from your home country’s government, or from the private company where you used to work with your name and general data, time you worked there, and the amount you receive as pension, or anything that can prove the income source. This certification must be stamped with your country’s apostille, in case your country does not have apostille, the certification must be legalized in the nearest Dominican Consulate or Embassy.

Cheers and Good Luck,

Dr. Ramon Alburquerque

Thankyou for some very helpful information.

Bob K

Definitely helpful; Dr Albuquerque has clarified a lot.

Is there any real advantage to obtaining residency over just being a visitor and doing a border run to Haiti every 3 months (or whatever the time frame is)?

Dear Knucklehead,

Is going to Haiti every three months a more sensible thing to do? It is not like the border between US and Canada, a lot of interesting things happen in the DR-Haitian Border. Definitely an adventure.

Cheers and Good Luck,
Dr. Ramon Alburquerque

Some of us live for adventure, otherwise we'd just stay in Canada, where the freezing weather inhibits the aging process .  In all seriousness, I realize that doing a border run (or visa run as it is called in other countries) also presents its problems.  I suppose that one day the rules could be changed to make it more problematic.  Who knows what governments do, or why .....

But the crux of my question was that if there are other benefits to residency over just being a long term tourist. For instance is it easier for residents to conduct banking, or do residents have access to certain services or discounts to services that tourists do not enjoy.

Re: Retirement visa
I have a pension of US$540 a month, but am buying a condo in the DR with savings(and a lump sum CPP disability settlement), so my expenses will be lower(I have been there twice a month at a time, and know the cost of living relative to my needs since I am frugal). Is there a means of justifying that I can live there within my means, and is there any variance to the retirement visa requirements as far as income is concerned?

RE: temporary residence permit
For the temporary residence permit, can I apply for this within the DR? What is necessary to get this?  You say, "Keep in mind that Dominican Immigration Process is still an open administrative procedure. There are no judges, just meeting the documentation requirements makes you eligible to become a resident." What are the documentation requirements to become an eligible resident?

Also, I notice that previously I was told that if you stay beyond 30 days in the DR you would just pay an extra exit tax.  Does what you are saying now mean that this is no longer an option, and that a person will automatically be deported if found? I am white and stand out, so I guess I will be picked up immediately then and questioned and asked for my passport on a regular basis I guess? I am a law abiding citizen and haven't drawn attention of authorities at all previously.

I am concerned now of being questioned on a more regular basis based on my appearance as a foreigner. I am considering changing my travel and home purchase plans until my concerns can be resolved.

Shawna Mann

Unless you are fluent in Spanish you will need someone to help with the residency application (read Lawyer here)
There is still an "overstay fee" in place for those leaving who are not residents and been here over 30 days. To date no "gringo" has been picked off the street and deported. This law is being applied "when needed" as to remove local Hatians, those cought with criminal records, those who get into trouble here and such.  There are many living here who keep their noses clean and have no problem.

Bob K

Shawnnatman,

Documentation Requirements vary depending on the path you choose. What you will need, regardless of which route you use to process your Residency are:

A)  Birth Certificate, with the Apostille Seal.
b)  Certification of No Criminal Record from home country or from the place where you have lived for the past five years, with Apostille Seal.
c)   Marriage Certificate  with Apostille Seal.     
d)   Six recent photographs 2x2, two front, and two from each side.
e)   Photocopy of complete passport, including the blank pages.
f)   Power of Attorney, authorizing The Counselor to represent you
g) Certificate of No Criminal Records issued from the General Prosecution’s Office of the Dominican Republic
h) Notarized Sponsor Economic Guarantee Letter legalized by the General Prosecution’s Office of The Dominican Republic.
I) Notarized Three Witnesses Swore Statement, Legalized By The General Prosecutor’s Office of The Dominican Republic.
J) Solicitation Letter addressed to the executive branch of the Dominican Government, through the Ministry of Interior Police.
K) Medical Clearance Certification from the General Directorate of Migration of the Dominican Republic.

About obtaining you Residency once you are inside Dominican Territory... Yes you can, In Dominican Republic you can change your migrant status  freely if you meet the above documentation requirements, and you if you choose the right timing.

About being questioned based upon your appearance...

Lets see what happens, I can't base an answer to that concern on any legal basis.