Chapter VIII
LEGAL FRAMEWORK FOR
FOREIGNERS TO ENTER
AND/OR ESTABLISH
RESIDENCE IN THE
DOMINICAN REPUBLIC
1. Procedure to Acquire a Visa, Residency and/or Nationality
2. Acquisition of Real Property by Foreigners
LEGAL FRAMEWORK FOR FOREIGNERS TO ENTER AND/OR ESTABLISH RESIDENCE IN THE
DOMINICAN REPUBLIC
Legislation in the Dominican Republic establishes different methods to enter and/
or remain legally within the country, which
have their own procedures and requirements depending on the nature and/or duration of the foreigner´s stay.
1. Procedure to Acquire a Visa,
Residency, and/or Nationality
a)Concept
Entry into the Dominican Republic is regulated by the need for a visa, or as an exception, a tourist card.
The granting of visas to enter Dominican
territory is governed by Law 875 on visas,
dated July 31st, 1978, as well as by the provisions of the General Immigration Law
285-04 dated August 15th, 2004 (Immigration Law). The type of visa will differ according to the purpose of the foreigner´s
visit.
b)Types
Below we list the most usual visas required,
depending on the reason for the foreigner´s
entering the country:
- Tourist Visa: The Tourist Visa is intended for foreigners who wish to pass through
the Dominican Republic temporarily, without other ulterior motives. It is requested
from the Consulate of the Dominican Republic closest to the country from which
the foreign requesting it enters the Dominican Republic.
- Business Visa: This is for those foreigners who are interested in entering the
country because of business interests. The
application procedure must be started with
the Consulate of the Dominican Republic
closest to the country of origin of the foreign requesting it.
- Work Visa: Also known as a business
visa for work purposes, it is reserved for
foreigners who enter the country with the
intention of working for a particular period
of time. It is requested in the closest Consulate of the Dominican Republic, and the
foreigner must have a work contract.
- Dependent´s Visa: This visa is granted
to spouses or children of persons who request or hold business, work, or student
visas.
- Student Visa: Intended for those foreigners who wish to enter the country to
study. If the visa is requested in the Dominican Republic, the letter of application
must be signed by the rector or president
of the corresponding university or educational institution. If it is applied for from
overseas, the application must be made in
the Dominican Consulate.
A tourist card can be acquired in the Dominican Consulate closest to the country
from which the foreigner will enter the Dominican Republic, or at the airport when he
arrives in Dominican territory.
2. Residency
a)Concept
Residency is the document that determines
the status that any foreigner can receive
who is admitted as an immigrant. The General Immigration Directorate is the competent entity to issue to foreigners Temporary
and Permanent Residencies in the Dominican Republic, according to General Migration Law No. 285-04.
b)Types and Procedures
- Provisional or Temporary
Residencies: Provisional residency grants
the right to obtain the Temporary Residen-
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cy card and the identification document or
carnet (Cédula) issued by the Central Electoral Board. It can be obtained through the
ordinary procedure or through the special
regime for investors.
- Permanent Residency: Permanent or
Definitive Residency can be requested one
year after obtaining Temporary Residency.
One year after issuing of the Temporary
Residency, late charges will be generated in
the presentation of the application for permanent residency.
3. Nationality
a)Concept:
Nationality is the individual´s link or relationship with a State. The legislation of
the Dominican Republic, specifically the
Dominican Constitution, establishes dual
criteria for the concession of nationality. To
wit:
- Jus Solis: This is the legal criterion that
establishes an individual´s nationality on
the basis of his place of birth. Dominicans
are all those persons who were born in the
territory of the Dominican Republic, with
the exception of legitimate children of foreigners residing in the country in diplomatic representation or those who are in transit
in this country. There is a bill before the
National Congress on a Project for Constitutional Reform establishing that Dominican nationality cannot be acquired by those
born in Dominican territory if they are the
children of persons residing illegally in Dominican territory.
-
Jus Sanguinis: Dominicans are all
those persons born overseas, of Dominican
father or mother, so long as, according to
the laws of their country of birth, they have
not acquired a foreign nationality, or if they
have acquired it, they indicate, through an
official act before a public official remitted
to the Executive Power, after reaching 18
years of age, that they wish to opt for Dominican nationality.
b)Naturalization:
Nationality can also be acquired by natural-
ization, marriage, or choice. Nationalization is regulated by Law 1683 of 1948 and
this right is recognized in the Constitution
of the Republic. Single children, those under 18 years of age, legitimate, legitimated,
or recognized natural children, when the
parents are naturalized, acquire Dominican
nationality as a right, which nationality
they can waive within one year after they
become 18 years of age. The types of naturalization are the following:
- Individual Ordinary Naturalization:
Granted to every foreigner of legal age who
has obtained domicile in the Dominican
Republic, in accordance with Article 13 of
the Civil Code. Interruptions of residence
due to trips overseas of no more than one
year of duration, with the intention of returning, have no effect on the right to reside in the Dominican Republic. Likewise,
residency will also be considered as a stay
abroad of less than one year if the reason is
a mission or function conferred by the Dominican Government.
- Ordinary Family Naturalization: A
woman married to a foreigner who becomes a naturalized Dominican may opt
for naturalization without the condition
of remaining in the country, so long as she
applies while residing in the Dominican
Republic and together with her husband.
Children of legal age may obtain naturalization with one year of residency, if requested simultaneously with the mother.
Minor single children acquire in full right
the naturalization of their father, and have
the power to waive it within one year after
reaching the age of 18.
- Naturalization by Operation of Law:
This is the system by means of which a
foreign can acquire Dominican nationality without stating his express intent to acquire it, so long as he fulfills the conditions
contemplated in the law, such as: time of
residence, possession of property, marriage
with a Dominican, children born in national territory.
- Privileged Naturalization: This is
granted by presidential decree to those foreigners who, in the judgment of the Executive, are worthy of dispensing with the re-
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quirements ordinarily necessary to obtain
Dominican naturalization, for having provided services to the Republic.
- Collective Naturalization: The system
that grants naturalization to a group of individuals.
- Nationality acquired by marriage: Nationality acquired by the wife or husband
by virtue of marriage, can have effect with
respect to the spouse and not with respect
to the children.
- Nationality Acquired by Choice: A
person can acquire Dominican nationality at his discretion, if he has the option to
choose among several nationalities.
4. Acquisition of Real Property by
Foreigners
Dominican legislation provides for equal
treatment for Dominicans and foreigners.
In that regard, the provisions that regulate
the acquisition of real property and real
property rights in the Dominican Republic
are the same for nationals and foreigners.
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