Dominican Republic: The process to obtain permanent resident status; loss of such status; proof of such status

For information on permanent residence status for foreigners in the Dominican Republic, please see the following English translations of excerpts from the relevant legislation of the Dominican Republic.

IMMIGRATION LAW No. 95, OF APRIL 14, 1939, PUBLISHED IN THE GACETA OFICIAL No. 5299, UPDATED WITH ALL AMENDMENTS MADE TO DATE (DEC. 1980)

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Art. 5. – (Amended by Law No. 5630, of 15-9-61. Gaceta Oficial No. 8603.)

All foreigners admitted as immigrants shall be issued a Residence Permit, in accordance with existing regulations. This Permit shall be valid for one year from the date it was issued.

However, resident foreigners who have left the country must have a Re-entry Permit issued by the Immigration Department for a fee of RD$14.00 in order to return. This document shall be valid for one year from the date it was issued, and may be used by the interested party at any time during this period.

The Re-entry Permit shall grant the right to return to the Dominican Republic for the year it is valid without a consular visa. This right shall be lost if the beneficiary does not renew said Permit within five years from the date it was issued. These requirements may be reduced or abrogated by International Conventions, based on reciprocity.

DECREE NO. 1743 OF 16-5-56. GACETA OFICIAL NO. 7983 – BIS:

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Art. 6.

All foreigners admitted as non-immigrants shall be issued a Temporary Residence Permit, except in those cases specified by Immigration Regulation No. 279, of May12, 1939. This Permit shall be issued in the form and manner prescribed in the aforementioned Regulation and for the period indicated in the Permit itself, including any extension that may have been granted. During this period it shall not be necessary to issue a new Temporary Residence Permit in the event of a new admission as a non-immigrant.

Art. 7. – (Amended by Law No. 1910, of 22-1-49, Gaceta Oficial No. 6888, and by Law No. 3387, of 27-9-52, Gaceta Oficial No. 7476).

All foreigners in Dominican territory in possession of a Residence Permit issued in accordance with this Law must renew it during January of each year.

After the deadline, offenders shall be obligated to pay, in addition to the fees owing, a 10% surcharge for each month or fraction of a month that has passed without renewing their Permit.

b)- All foreigners whose last entry occurred before this Law came into force must apply to the Director General of Immigration for the Residence Permit required by this Law. The application shall be made upon the expiry of any Permit that the foreigner possesses on the date that this Law comes into force, or within the three months following, if he or she does not have the required Permit in his or her possession.

c)- All applications for a Residence Permit or its renewal must contain the information and identification prescribed by Immigration Regulation No. 279, of May 12, 1939.

d)- If the applicant complies with the requirements of this article, the Residence Permit or renewal of the same, granted by the Director General of Immigration. [sic]

e)- (Derogated by Art. 2 of Law No. 3387, of 27-9-52, Gaceta Oficial No. 7476, which states:

Art. 2. – This Law derogates section e) of Article 7 of Immigration Law No. 95 of April 14, 1939, published in the Gaceta Oficial No. 5299).

Art. 8.

Residence Permits shall be issued by the Director General of Immigration and Temporary Resident Permits shall be issued by the Director General or another official designated by the Director General with the approval of the Secretary of State for the Interior and Police. The Director General of Immigration may issue duplicates of Permits when it is demonstrated to his or her satisfaction that the original Permit has been lost, damaged or destroyed.

Art. 9. – (Amended by Law No. 3669, of 6-11-53, Gaceta Oficial No. 7624).

A fee of RD$2.00 shall be charged for Visas, Travel Identification Documents or Crew List Visas. These fees may be reduced or abrogated by International Conventions, based on reciprocity.

a)- Immigrants arriving to the Dominican Republic must pay the following fees:

I. – (Amended by Law No. 4770, of 21-9-57, Gaceta Oficial No. 8169.) For a Provisional Residence Permit while the application for Permanent Residence is being processed: RD$8.00

II. – For an initial Residence Permit: RD$10.00

III. – For a renewal of the initial Permit in the following manner:

Category 1: Foreigners earning income, wages, salaries, etc. of RD$200.00 monthly or more: RD$20.00

Category 2: Foreigners earning income, wages, salaries, etc. of RD$100.00 monthly to RD$199.99 monthly: RD$15.00

Category 3: Foreigners earning income, wages, salaries, etc. of RD$60.00 monthly to RD$99.99 monthly: RD$8.00

Category 4: Foreigners earning income, wages, salaries, etc. of less than RD$60.00 monthly: RD$2.00

Category 5: Foreigners with permanent work for any agricultural or industrial company as day labourers or operators for a salary or daily wage of no more than RD$60.00 monthly: RD$8.00

IV. – Persons or companies with foreign staff subject to paying these fees are Collection Agents and shall be responsible for payment of the fees created by this Law.

Violation of this paragraph shall result in a fine of twice the amount of the unpaid fees and appropriate surcharges.

b)- All foreigners staying in the Dominican Republic for more than 60 days and no more than six months must obtain a Temporary Visitor Permit by paying RD$4.00.

c)- Foreigners' wives and unmarried children under the age of 16 are exempt from paying fees for renewing their Residence Permits.

d)- Renewal fees may be reduced or waived in the cases prescribed by Immigration Regulation No. 279 of May 12, 1939. To this effect, issuance of a Residence Permit to a foreigner who legally resided in the Dominican Republic on April 1, 1939, shall constitute a renewal.

e)- A fee of RD$1.00 shall be charged for issuing a duplicate of a Residence Permit that has been lost, damaged or destroyed.

f)- The fees prescribed by this article shall be paid by adhering Internal Revenue stamps, Immigration Series, to the documents recording payment of fees.

LAW NO. 5317 OF 4-3-60, GACETA OFICIAL NO. 8455

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Art. 13.

The following foreigners shall be arrested and deported by order of the Secretary of State for the Interior and Police or another official designated by him or her for these purposes:

1) Any foreigner who enters the Dominican Republic under false pretenses or without inspection and admission by Immigration Authorities at one of the designated ports of entry after the date this Law is published;

2) Any foreigner who enters the Dominican Republic after the publication of this Law who was not legally admissible at the time of entry;

3) Any foreigner who is involved in or associated with activities aimed at subverting the Dominican Government or who illegally traffics in narcotics or who is involved in other activities contrary to order and public safety;

4) Any foreigner convicted of a crime punishable by community service or imprisonment after the date this Law comes into force that was committed within five years of his or her entry;

5) Any foreigner practicing prostitution, occupying a brothel, involved in running a brothel or acting as an agent of a brothel;

6) Any foreigner who becomes a public burden within five years after his or her entry, whether due to disability or indigence, and who will probably continue to be a public burden;

7) Any foreigner who remains in the Dominican Republic in violation of any limitation or condition under which he or she was admitted as a non-immigrant;

8) Any seasonal farm labourer who has entered the Dominican Republic within one year after the date this Law came into force without having been admitted to reside permanently;

9) Any foreigner who possessed a Residence Permit prior to the date this Law came into force and did not apply for a Residence Permit after the original Permit expired, as required by this Law;

10) Any foreigner who entered the Dominican Republic prior to the date this Law came into force, did not possess a Residence Permit, and did not apply for a Residence Permit within three months of this date, as required by this Law;

11) Any foreigner who does not renew his or her Residence Permit, as required by this Law;

b) The rules prescribed in clauses 2, 3, 4, 5 and 6 of this article shall not be affected by the fact that the foreigner possesses a Residence Permit. In this case the Permit shall be returned and cancelled upon deportation.

c) In the cases provided for in clauses 9, 10 and 11 of this article, if the deportation presents undue hardship, the foreigner may be exonerated and shall be permitted to apply for a Residence Permit or a renewal of the same.

d) The deportation may take effect under clause 3 of this article at any time after entry, but it shall not be carried out under any other clause unless the arrest and deportation procedure is undertaken within five years after the cause of the deportation.

e) (Amended by Law No. 1559 of 31-10-46, Gaceta Oficial No. 6706.) No foreigner shall be deported without having been informed of the specific charges causing his or her deportation or without being given a fair opportunity to refute the charges, in accordance with Immigration Regulation No. 279 of May 12, 1939, except in the cases listed in Article 10, paragraph 1 and Article 13, paragraph 3 of this Law.

f) (Amended by Law No. 1559 of 31-10-46, Gaceta Oficial No. 6706.) In deportation cases, the foreigner involved may be arrested for up to three months by order of the Secretary of State for the Interior and Police or the Director General of Immigration. If the authorities are unable to deport the foreigner during this time because a passport or travel document could not be obtained, the Prosecutor may indict the foreigner and the authorized Criminal Court shall sentence him or her to prison for a period of six months to two years, according to the severity of the case. However, if the foreigner is provided with a passport or travel document by the appropriate person after the proceedings or sentence, making his or her exit from the country possible, the Prosecutor shall order his or her release at the request of the Secretary of State for the Interior and Police or the Director General of Immigration, thereby staying the proceedings or rendering the sentence null. Sentences shall not be susceptible to any recourse.

IMMIGRATION REGULATION No. 279 OF MAY 12, 1939, PUBLISHED IN THE GACETA OFICIAL No. 5313, UPDATED WITH ALL AMENDMENTS MADE UP TO THE DATE OF THIS PUBLICATION

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SECTION 8. – IMMIGRANTS

a) Foreigners admitted into the Dominican Republic are immigrants, unless they are included in one of the following classes of non-immigrants:

1) Visitors traveling for business, educational, or recreational purposes;

2) Persons who are passing through the Republic in transit to another exterior destination;

3) Persons who are employed on a boat or airplane;

4) Temporary day labourers and their families.

Immigrants may reside in the Republic indefinitely.

b) Upon admission, immigrants shall be required to apply for a Residence Permit under oath using form C-1. This requirement shall not apply to a foreigner in possession of a valid Residence Permit.

c) Foreigners must submit four recent photographs with the application. The head must be uncovered, and each photograph must measure at least 3 cm² and not more than 4 cm² and have a clear background. Two photographs must show the same frontal view and two must show the same profile view.

d) (Amended by Decrees 403 of 19-10-39, G.O. 5371; and 45 of 2-6-42, G.O. 5759, respectively). A fee of RD$6.00 must be paid, regardless of the time of year it is paid, with Internal Revenue stamps, Immigration Series, which shall be submitted together with the application. The fee of RD$500.00 shall be paid in cash to the Internal Revenue Office, and the corresponding receipt must be attached to the application for admission. Immigration authorities are prohibited from receiving cash payment of these fees.

e) The application, photographs and stamps for the RD$6.00 fee, or any part of the same, or the receipt for the RD$500.00 fee, shall be passed on by the Immigration Inspector to the Director General of Immigration, who shall issue a Residence Permit using form C-2. The Permit shall be delivered to the immigrant at the address in the Dominican Republic indicated in the application.

f) (Amended by Decrees 1776 of 17-3-44, G.O. 6051; 4498 of 21-7-47, G.O. 6666; and expanded by Decree 4636 of 4-10-47, G.O. 6697). All Residence Permits are valid for the year in which they have been issued and are subject to renewal by the Director General of Immigration in January of each year, or before, provided that it is not before October 1. The renewal application must be made in person at any Immigration Office before the Permit expires. The application shall be made using form C-3 and shall contain the applicant's sworn statement of the category he or she is included in according to Article 9 (a) of the Immigration Act, as well as a complete description of the goods that he or she possesses or the total or monthly amount of income of any kind and its sources. The application must have the necessary Internal Revenue stamps, Immigration Series, attached in payment of the fees established by law.

Where married couples with common goods are concerned, the husband's fee for renewing the Residence Permit shall be calculated based on the total value of these goods together with his wages and monthly income, where applicable, and charged to him. For the wife's renewal of the Residence Permit, the value of these common goods shall not be considered.

The following foreigners shall be exempt from the Residence Permit renewal fee:

1) Wives of foreigners who arrive as such and who are financially supported by their husbands.

2) Children of foreigners and unmarried children under the age of 16 whose parents reside in the Dominican Republic.

3) Nuns belonging to a religious order or who work in hospitals, asylums, schools and other, similar public institutions.

4) Foreigners whose monthly income is less than RD$50.00, who have resided in the country for ten years and who are or have been married to a Dominican woman.

5) Foreigners whose monthly income is less than RD$50.00 and who have resided in the country for 20 years.

6) Dominican women who have taken their husband's citizenship upon marriage.

The Director General of Immigration is authorized to assess the facts upon which the exemptions in items four and five are based using any evidence that he or she is able to obtain.

9) (Amended by Decree 1776, of 17-3-44, G.O. 6051). Every five years the renewal application shall be made using form C-1-Q for the fifth renewal and shall be accompanied by two frontal photographs and two profile photographs of the size prescribed for the original Permit.

h) The application for a Residence Permit to replace a lost, damaged or destroyed Permit shall be made in person at any Immigration Office using form C-4. The application must contain a statement of the circumstances of the loss, damage or destruction. Photographs in the amount, form and size as the original Permit must be attached to the application, as well as Internal Revenue stamps, Immigration Series, in the amount of RD$1.00 in payment of the fee, if the duplicate Permit is issued.

i) The Permit shall be retained by the foreigner, except while the renewal application is pending. Failure to renew a Permit upon its expiry shall subject the bearer to the risk of deportation.

j) (Added by Decree 3161, of 23-9-57, G.O. 8169). All foreigners arriving in the country as immigrants must have previously obtained a Provisional Residence Permit, valid for one year, and subject to a fee of RD$8.00 in Internal Revenue stamps, Immigration Series. This Permit may be revoked by the Director of the National Investigation Department if he or she deems it appropriate. Before the end of the provisional period, and with due notice, the interested party may apply for his or her Permanent Residence Permit after meeting the established legal requirements for doing so.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Dominican Republic. Law No. 5317. 1960. (REFLEG) Translated by the Multilingual Translation Directorate, Translation Services, Public Works and Government Services Canada.

_____. Decree No. 1743. 1956. (REFLEG) Translated by the Multilingual Translation Directorate, Translation Services, Public Works and Government Services Canada.

_____. Immigration Law No. 95. 1939. (REFLEG) Translated by the Multilingual Translation Directorate, Translation Services, Public Works and Government Services Canada.

_____. Immigration Regulation No. 279. 1939. (REFLEG) Translated by the Multilingual Translation Directorate, Translation Services, Public Works and Government Services Canada.