II. Immigration Authorities

The authorities charged with applying Law 285-04 are: the National Migration Council (CNM), which coordinates the government bodies responsible for national migration policy; the Ministry of Foreign Affairs (MIREX); the Ministry of Interior and Police (MIP); and the Directorate General of Migration (DGM), which administers day-to-day immigration control and residence permits.

III. Entry Visas

For purposes of Law 285-04, a visa is the permit granted by the competent MIREX officials or consular services, stamped on a valid passport or recognized travel document.

A visa does not guarantee unconditional entry: the immigration authorities may revoke it if a ground of inadmissibility or deportation established by law is found.

MIREX authorizes its consular and foreign service offices to grant the following visa categories to qualifying foreign nationals: diplomatic, official, courtesy, business, dependents, tourism, residence and student visas, plus any other category established by law.

Nationals of many countries may enter as tourists without a consular visa, but a foreign national intending to reside in the DR must first obtain a residence visa (RS) from a Dominican consulate before applying for the residence permit in-country; entering as a tourist and attempting to regularize locally is the classic and costly error.

IV. Immigration Categories

Foreign nationals are admitted to the DR as “residents” or “non-residents,” subject to the conditions and requirements of the law and its regulation.

A foreign national qualifies as a resident when, given the activities to be undertaken and the person’s circumstances, the entry is made with the intention of settling or remaining in Dominican territory.

V. Residents Category

The residents category is divided into permanent residents and temporary residents. A permanent resident enters intending to settle definitively; a temporary resident intends to remain for a limited period, until the conclusion of the activities that motivated the entry.

Permanent residents. Foreign nationals are admitted as permanent residents when they qualify as:

• Immigrants: persons with a professional qualification or occupation that the country requires or that appears on the shortage-occupation list.
• Investors: foreign nationals who contribute resources to undertake business activities in the country. Registered foreign investors meeting the qualifying threshold may use the fast-track residency-by-investment program (see Foreign Investment, section VI).
• Pensioners and retirees, including beneficiaries of the special regime for pensioners and rentiers with foreign-source income (Law 171-07).
• Foreign relatives of Dominican citizens or of foreign permanent residents.

Temporary residents. Foreign nationals admitted as temporary residents include the following subcategories:

• Scientists, professionals, journalists, specialized personnel, athletes and artists hired by public or private institutions operating in the country.
• Business owners, investors, businesspersons, and industrial and management personnel of local or foreign companies established in the country.
• Technicians and highly skilled workers.
• Foreign nationals admitted with a residence visa who must complete the in-country steps to formalize their Dominican residence permit.
• Other subcategories established by the regulation.

VI. Non-Residents Category

A foreign national is a non-resident when, given the activities carried out, there is no intention to settle or live permanently in the country. Non-residents include tourists, persons entering for pleasure, recreation, rest or amusement with the financial means to do so, as well as businesspersons, crew members, transit passengers and temporary workers.

The DGM may cancel the permanence of any foreign national admitted under any category or subcategory who made false declarations or presented falsified documents to obtain entry or permanence permits.

Residence permits are issued first as provisional (renewable) and later as definitive; after qualifying periods of residence, foreign nationals may pursue Dominican citizenship by naturalization.

This publication is provided for informational purposes only and not as legal advice. Any transaction related to any of the described aspects shall require advice and be specifically consulted with the Firm in advance. © Arthur & Castillo. All Rights Reserved. Next