10
Jan

Obtaining residency or nationality in the Dominican Republic is a very popular process, due to the benefits and economic stability of residing in our country.

Therefore, it is common for foreign nationals to marry Dominican nationals. In this article, we will outline how aliens who marry Dominican nationals can obtain residence, Dominican nationality or naturalization through that union.

If you are married to a Dominican national, you may opt for:

• Residence through marriage in the Dominican Republic.
• And gaining nationality or naturalization by marriage.

One of the fastest ways to obtain residency or nationality is through marriage with a Dominican national, for the following reasons:

• It is inexpensive.
• It’s fast.
• It does not require much documentation.
• It is admissible in any Dominican consulate.

To apply for residence by marriage, the law refers to it as “Residence by kinship ties (Family reunification)“.

Steps to follow to apply for residence via marriage

• Apply for a Residence visa for Family Reunification or “kinship ties” in the Dominican consulate of the country of origin or in the country in which you have legal residence.
• Application for Residence for Family Reunification before the General Directorate of Migration.
• Application for Nationality or Naturalization by Marriage before the Ministry of Interior and Police.

Requirements to apply for Marriage Residence in the Dominican Republic

The fundamental requirement is a “Marriage Certificate” showing that you are married to a Dominican citizen.

Processing time:

Simply by being married for a minimum of six (6) months, you are already eligible for the entire process of naturalization or Dominican nationality. As a result, processing times are shorter than in most countries of the region.

The other deadlines are the regular ones for all residence or naturalization proceedings

1. Residence Visa by Marriage: Three (3) to Fifteen (15) days.
2. Marriage Residence: Forty-Five (45) to Ninety (90) days.
3. Naturalization or Nationality by Marriage: Six (6) to Eighteen (18) months.

Note:

• These processing times are established by each of the institutions involved; however, this may vary according to each case.

Reasons for denial of residence in the Dominican Republic

As established in the Dominican Constitution, it is a right for Dominican spouses to favor their foreign spouses. However, there are reasons why a spouse may be categorized as ineligible. Some of those reasons are as follows:

1. When submitting adulterated or forged documents.
2. Having an infectious, contagious or communicable disease that, due to its seriousness, may pose a risk to public health.
3. Suffering from any mental illness, to a degree that alters the state of their behavior; making them unable to have control of their actions or likely to cause serious family or social difficulties.
4. Having either a permanent mental limitation or a chronic illness that makes it impossible for them to exercise the profession, trade, industry or art they intend to exercise to enter the country.
5. Being addicted, profit or encourage prostitution and human, organ or illegal drug trafficking.
6. Lacking a profession, trade, industry, art or other lawful way of life. Additionally, when due to lack of work habits, habitual drunkenness or laziness, their integration into society is considered doubtful, or evidences any other condition that represents a potential burden for the State.
7. Being prosecuted or serving a current sentence for common crimes of criminal nature in our legal system.
8. Having a criminal record, if said record shows a danger that makes their incorporation into Dominican society inadequate. For this purpose, the nature of the crimes committed, the sentence imposed, their recidivism and whether the penalty or criminal charges are dropped will be assessed.
9. Having been subject to deportation or expulsion and not having re-entry authorization. Additionally, those who are expressly prohibited from entering the Dominican Republic, according to orders issued by the competent authorities.
10. Being part of any terrorist association or organization that promotes the violent destruction of the democratic regime. Members of organizations that push for the suppression of the rights and institutions enshrined in Dominican laws. Being part of an organization that promotes doctrines that threaten the order and security of the State, as well as the stability of the government and social order.

Recommendations

These exceptions can always be reconsidered, hence why it is prudent to consult with a law firm that can correctly guide you and, when necessary, carry out the legal process that can solve the denial of residence.

Why hire a legal professional to complete your residency process?

Hiring a legal professional facilitates the success of your residency process. We will list some of its benefits below:

• Promptness.
• Effectiveness.
• Economy.
• Loss of time and energy.
• Avoiding unnecessary expenses.

Among many other benefits, you will enjoy, by working with a qualified professional specialized in Migration Law and Dominican Immigration.

Legal basis for the concept of “Residence and Naturalization or Nationality in the Dominican Republic”

• Constitution of the Dominican Republic from January 26th, 2010, in subsection 5, article 18.
• Law No. 1683, from April 21 , subsection D, article 1.
• Law No. 285, from August 15, 2004.
• Migration Law Enforcement Regulation 631-11.

The institutions involved in each of these proceedings are:

• Ministry of Foreign Affairs (known in Spanish as MIREX)
• General Directorate of Migration
• Ministry of Interior and Police

Note: There are many other institutions involved in this process, albeit internally; and upon request of the institutions mentioned above.