19
Aug

The Acquisition of Dominican Nationality through Marriage is the legal process through which a person from abroad can claim Dominican nationality by marrying a Dominican citizen.

Marrying a Dominican national grants a foreign spouse access to the rights and benefits of Dominican citizenship, such as residing and working in the country permanently. In this article, we will explain the process to acquire Dominican nationality through marriage, as well as the personal circumstances that may affect the process.

The legal requirements to apply for Dominican nationality through marriage are the following:

• Being married to a Dominican citizen.
• Possession of a valid Dominican visa and legal residency status.
• Completion of at least the first renewal of the Dominican residency permit.

These are the three main requirements you must assess to determine whether you are eligible to begin the process. We will now move on to the formal requirements, which are the following:

• Possession of valid residency status and national ID (Cedula), both with a minimum validity of six (6) months.

If you intend to begin this process, you should renew your residency immediately and begin gathering the required legal documentation, as the process takes a considerable amount of time.

• Federal Criminal Record.

If you hold another nationality, you must request this document from all countries of which you are a citizen, as well as from the last country where you have resided during the past five (5) years.

• Passport with a minimum validity of eighteen (18) months.

From each of the countries of which you are a national.

• Birth certificate.

If you are applying for naturalization with a nationality other than your country of birth, you must also submit your Certificate of Naturalization.

• Unabridged Marriage Certificate.

1. If married in the Dominican Republic, the certificate must have been issued within the last 3 months.
2. If the marriage was celebrated abroad, the certificate must have a minimum validity of one (1) year.
3. The marriage certificate must match the full names of both parties as they appear on the passport, birth certificate, and national ID. If there is any discrepancy, a correction of the marriage certificate must be requested.
4. If you have legally changed your first name or surname and it has not been updated on your other documents, you must submit an official Name Change Court Order.

• Birth Certificate of your spouse, Identity Card, and Criminal Background Check, all obtained in the Dominican Republic.

If your spouse is naturalized, a copy of the Certificate of Naturalization must also be provided. Additionally, the spouse’s birth certificate must perfectly match their national identity card; if there is any discrepancy:

1. Name change: Provide the court order authorizing the name change and update the identity documents accordingly.
2. If the birth certificate contains an error, proceed with the correction of said certificate.

• Affidavits: a) Proof of residence, b) Guarantee and c) Assets.

Multiple affidavits are required; to determine which apply, each case must be assessed individually.

• Letter of employment or proof of income (Pension, company, investments, etc).

• Certificates: a) Migration Records; and b) Naturalization Purposes.

Both are issued by the General Directorate of Migration; however, they are processed in different offices, with separate timelines and requirements.

IMPORTANT REMARKS

• All foreign documents must be apostilled or legalized through the corresponding consular channels.
• All documentation must be submitted in Spanish. If any document is in a different language, it must be translated into Spanish.
• The names of the husband and wife must match across all submitted documents. If there is any discrepancy, the court ruling authorizing the name change must be presented, and/or the necessary corrections must be made.
• The notary used for the process must be based in the same province as the applicant’s place of residence.

This process is known for requiring a significant amount of documentation. The above-mentioned requirements are the most important ones; others are routine and generally easy to obtain.

Application process for acquiring Dominican nationality through marriage

Make sure you have all the legal documentation required and have completed all the steps with all the national entities involved, such as:

1. Directorate General of Migration (DGM in Spanish): Certifications.
2. Central Electoral Board (JCE in Spanish).
3. Attorney General’s Office (PGR in Spanish): Legalizations and Background.
4. Ministry of Foreign Affairs (MIREX in Spanish).

Once that is done, you will be ready to apply for national status, and everything should be quite straightforward, right?

Unfortunately, that is not the case. At this stage, the process must be undertaken before the Ministry of Interior and Police (MIP in Spanish), which is the regulatory authority on this matter. I assure you, it is not easy; completing this process can be quite complex. In summary, it involves the following:

• Provide all the documentation listed above for review.
• Schedule an appointment to officially submit the documentation.
• Interview with the Director of the Department of Naturalization, where they will conduct an interview to validate the file.
• Submission.
• Screening – International background check and profile evaluation.
• 2nd interview and naturalization exam (it’s easy).
• Oath.
• Transcription of the naturalization by the Central Electoral Board (JCE).
• And that’s it, you are a Dominican national.

Processing time  

If you already have a visa, residency status, and its renewal, have all your documentation in order, and fulfill each step, you may obtain Dominican Nationality within eight (8) to twelve (12) months.

However, official processing times will often depend on:

1. Authorities or access to international information; during the vetting process, several international entities are consulted through local intermediaries. At times, this may cause slight delays in completing the verification.
2. The entity itself, due to its workload and the availability of qualified personnel.
3. Unexpected and unexplained delays, and follow-ups must be done with the entity in order to compel a response or ensure the continuation of the process.

Grounds for Ineligibility for Nationality by Marriage in the Dominican Republic  

• There are many reasons why you may be considered ineligible, some of which are:

1. The immigration officer or authority’s discretion, which may be subject to judicial review. If you considers the decision to be unjust or improper, you have the right to seek remedy through the courts.
2. Profiting from prostitution, human trafficking, or the trafficking of human organs, illegal drug trafficking, drug addiction, or promoting drug use.
3. If you are currently serving a sentence or are being prosecuted for common offenses classified as criminal under our legal system.
4. If you have a criminal record, unless such record does not reveal a degree of dangerousness in the individual that would make their integration into Dominican society unsuitable. In cases like these, the nature of the crimes committed, the sentence imposed, their recidivism, and whether the penalty or criminal charges are dropped will be assessed.
5. To have been deported without having obtained authorization to re-enter, as well as individuals who are expressly prohibited from entering the country under orders issued by the competent authorities.

All of this may be subject to review and reversal; therefore, it is advisable to carry out a proper evaluation of your case and to follow the appropriate procedures.

• Can same sex partners apply for Dominican Nationality?

This is a relatively frequent case involving a Dominican national who has legally entered a same-sex marriage abroad, and their partner seeks to obtain Dominican nationality.

Unfortunately, they would not be eligible given that in the Dominican Republic same-sex marriage is not legally recognized.

Remember that there are many countries that do allow same-sex marriage, such as:

USA, Cuba, Colombia, Argentina among others.

• Can I apply for Dominican Nationality immediately after getting married?

Unfortunately, not immediately after. Although the Dominican Constitution states that, by marrying a Dominican citizen, one may acquire nationality, the reality is that the individual must undergo several steps, which are as follows:

1. Obtain a Dominican Residence Visa.
2. Dominican Residence.
3. After renewing your 1st Residence, you may apply for Nationality.

All of this is based on the Immigration Law and the resolutions issued by the various entities involved in the process.

• Does being married to a Dominican citizen automatically make me eligible for Dominican Nationality?

No, it does not. The reality is that each entity will subject you to a process of background screening and evaluation in order to obtain nationality through marriage.

Benefits of obtaining Dominican nationality 

Having another nationality is always beneficial, especially if it is the same as that of your spouse. Other benefits are:

1. Under Dominican law, there are no limits on holding more than one nationality, enabling a person to retain Dominican nationality alongside others.
2. To maintain your nationality active you do not have to reside in the country.
3. Obtaining Dominican nationality can serve as a Plan B in many cases where, due to political instability and/or insecurity in their home countries, individuals face restrictions on travel, business activities, financial transactions, and other matters.
4. You do not have to conduct any migration process (such as renewing your residence), and most importantly you do not have to make any payments.
5. You can enjoy the vast majority of the civil and military rights granted to Dominican citizens.
6. You do not have to pay for college studies as a foreign national.
7. You may obtain a Dominican passport.
8. You can legally apply for any job.
9. The entire process can be completed without having to leave the Dominican Republic, which lowers costs, waiting time and requirements.

RECOMMENDATIONS

This process may be a little confusing for citizens, and it involves gathering a significant amount of documentation. To be successful, we recommend the following:

1. Review each requirement to determine its applicability, your likelihood of approval, and the relevant timeframe, as certain requirements may expire while others may still need to be met. In short, organization is key.

2. It is important to verify whether there is a ground for denial. Even if the applicant has passed the screenings of the DGM and MIREX, there is no guarantee they will pass the review by the MIP. The MIP conducts a more thorough investigation and, if necessary, may revoke the applicant’s residency, placing them in a difficult situation with a deportation order, even if they are married to a Dominican national.

3. Before beginning the process, it is highly advisable to conduct an evaluation or consultation with a specialist in Immigration and Foreign Affairs Law. This can help you avoid wasting time, money, and, above all, energy.

If you require more detailed information, please 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 Law. We invite you to contact us and book a consultation for assistance with the requirements of Dominican nationality. We operate nationwide and can assist you regardless of your location worldwide through our Online Consultation services.