19
Aug

The Denial of Residency applications in the Dominican Republic and the reasons behind them concern many individuals pursuing Dominican residency with the intention of living in the country. Based on our experience with various immigration processes in the Dominican Republic, we have encountered several cases involving:

“Dominican Visa and/or Residence Application Refusal”

Based on this point, in this article we will detail the following common questions or situations:

1. Why might a Visa and/or Residency application in the Dominican Republic be denied?
2. If you already have a Residency Visa, does that mean you’ve automatically completed the residency process and that your application can’t be denied by the General Directorate of Migration?
3. What can you do if your Visa or Residency application is denied?

If you find yourself in any of the above-mentioned situations, here you will find the answers to identify: a) Why; and b) Whether there is any possible solution.

Grounds for the Denial of a Visa or Residency Application in the Dominican Republic

Our Immigration Law No. 285 of 2004 details the reasons why a visa or residency application may be denied in the Dominican Republic. Many of these reasons are supported by our Constitution. The established reasons include:

1. Suffering from an infectious or contagious disease, which, due to its severity, may pose a risk to public health.

This ground for denial has often been questioned, as the mere fact of suffering from an infectious or contagious disease should not automatically lead to inadmissibility. Rather, each case and disease should be individually assessed, and whether the applicant is taking the proper health and preventive measures as established by the healthcare system should be taken into consideration.

In this regard, the General Directorate of Migration has issued Resolution No. 02-2022, which establishes the process to follow in these cases.

 2. Suffering from any kind of mental illness, to such a degree that it alters behavior, making the person irresponsible for their actions or likely to cause serious family or social difficulties.

This is also a point that is highly sensitive and commonly questioned. The law establishes that a possible solution in such cases exists when the individual is part of a migrant family unit or intends to reunite with one already established in the country, in which case the following must be reviewed:

1. The severity of the illness.
2. The economic and moral conditions, as well as the work capacity, assessed within the context of the entire family group to which the person belongs.
3. The familial relationship with the group and whether or not they are nationals.

3. Having either a permanent chronic physical or mental health disability, or a chronic illness that makes it impossible to carry out the profession, trade, industry, or art they intend to exercise upon entering the country.

This applies more specifically in cases where someone is applying for residency or a work permit in the country. If the person is incapable of performing that job due to a health condition, it becomes impossible for the permit or residency to be granted.

4. Profiting from prostitution, human trafficking or trafficking of organs, drug trafficking, being addicted to drugs, or promoting their use.

This is extremely important, in the Dominican Republic, the use of any type of substance and/or narcotic is not accepted or legal. If any trace is found in your system, any type of Dominican residency application will be denied or rejected.

It is important to keep in mind that in many countries, substances like marijuana or cannabis may be legal or used for medicinal purposes. However, in the Dominican Republic that is not the case.

One example of a denial on this ground came recently from a client who contacted us with the problem that his residency application was DENIED because marijuana was found in his system. We quote:

“Furthermore, please be advised that the reason for the rejection of your application is that you fall under the grounds for inadmissibility stipulated in Article 15, paragraph 4 of Law 285-04 on Migration, as you tested positive for MARIJUANA”

Regarding the other points mentioned, if there is a record or history of things such as arms trafficking, drug trafficking, human trafficking, or prostitution, your application will definitely be denied.

5. Lacking a profession, trade, business, craft, or any other lawful means of livelihood, or when, due to lack of work habits, habitual drunkenness, or vagrancy, their integration into society is deemed doubtful, or when they exhibit any other condition that may constitute a burden on the State.

6. Currently serving a sentence or being under prosecution for common crimes classified as criminal under our legal system.

7. Having a criminal record, except when such record does not show the person to be of such danger that their integration into Dominican society would be inappropriate. In these cases, the nature of the crimes committed, the sentence imposed, any recurrence, and whether the sentence or criminal action has been extinguished will be taken into consideration.

8. Being part of any terrorist association or organization that promotes the violent destruction of the democratic system, the suppression of the rights and institutions enshrined in the Dominican Constitution, and/or that promotes by any means doctrines that threaten the order and security of the State and its citizens, as well as the stability of the government and social order.

9. Having been subject to deportation or expulsion and lacking authorization for reentry, and those who are expressly prohibited from entering the country, in accordance with orders issued by the competent authorities.

10. There is also a very important reason not mentioned in the law, which is the Discretion of the Immigration Officer evaluating your case.

This part is difficult and complicated in many cases because most countries give immigration officers absolute discretion, with no consequences for the decisions they make, and the Dominican Republic is no exception. They may misinterpret or confuse any of these points due to a particular situation in the applicant’s case and deny the application.

Points 1, 2 and 3  are not strictly limited to what’s stated; each case is always reviewed, and strategies are established accordingly.

The other points are extremely sensitive and must be evaluated on a case-by-case basis to determine whether there is any possibility of reversing the denial of the residency application.

Remember, before finding yourself in these situations, which will cost you time and money, it is always advisable to have at least a consultation or legal evaluation  with a specialist in the field before applying, so that proper precautions can be taken.

Does the Residence Visa in the Dominican Republic make me eligible for Dominican residency?

No, a Dominican residence visa does not guarantee Dominican residency. Admittedly, it’s a complicated concept to understand, especially because in most countries, the entire process is usually handled by a single entity. In the Dominican Republic, however, it does not work that way. Let me explain the process:

The first step a foreign national must take to obtain residency is to apply for a Residence Visa at the Dominican Consulate in their country of origin or legal residence. This process is regulated by the Ministry of Foreign Affairs. Once the visa is obtained, the next step is handled by the General Directorate of Migration.

Although both applications are governed by the same law and the same regulations, unfortunately, the two institutions may differ in their opinions and interpretations of the law, either due to the natural flow of the process itself or due to a specific reason used as grounds for the denial.

In summary, the answer is no. Having a residence visa and having any of the previously mentioned cases does not necessarily mean that residency will be granted.

CONCEPT OF RESIDENCE VISA AND DOMINICAN RESIDENCY

Dominican Residence Visa

A Residence Visa is the document obtained at the Dominican Consulate in your country of origin or legal residence, and it is the first requirement in order to obtain residency in the Dominican Republic.

Dominican Residency

Dominican Residency is the valid and legal document that certifies you have legal residence in the country. Therefore, your stay is considered permanent, according to the document issued by the General Directorate of Migration (DGM).

Steps to Reverse a Denial for a Dominican Residence Visa or Residency

Now, we will cover how to solve this situation, explaining what you could do, and how to do it.

In this context, we suggest that you remain calm and follow these steps:

1 – Analyze whether the denial is justified or not, or whether it was purely a mistake or misinterpretation by the issuing authority.

This point will determine what evidence is needed to request a reversal of the denial decision.

2 – The proper action is to file a Request for Reconsideration, which under Dominican law is the first step, and it is submitted to the same entity that issued the denial.

3 – If the Request for Reconsideration  is denied, and the denial came from the General Directorate of Migration (DGM), you may submit an Appeal to the highest authority, the Ministry of Interior and Police (MIP), since the DGM is a subdivision of this Ministry.

4- Depending on the nature of the Denial:

A) Wrongful application of statutory law

B) Misinterpretation

C) Abuse of authority

You may initiate legal proceedings before the Administrative Court or the Constitutional Court.

5 – International Courts.

The reason for the denial will ultimately determine any legal action taken, which is why the most important thing you must do is obtain a professional evaluation of your case. This will determine next steps, how to begin the process, and whether a solution is possible, or whether your case is nearly impossible to resolve.

If you need help with a residency application denial in the Dominican Republic, do not hesitate to contact us. At our law firm, Morillo Suriel Attorneys At Law, we have a specialized division in Immigration and Foreign Affairs, and we invite you to contact us and request a consultation for assistance with any type of Dominican residency matters and their requirements.