Immigration and Overstay Issues

@windeguy

Diario Libre.

https://www.diariolibre.com/economia/tu … rd/2667352

@planner

https://www.diariolibre.com/economia/tu … rd/2667352

Interesting!  We will wait and watch to see what actually happens. Thanks for sharing!

My understanding of the article is that there is no "Snowbird" visa in the works, just a change to e-visas for the countries currently requiring a paper visa to enter the DR.  This wouldn't affect the majority of tourists from North America or Europe, who already get the Tourist Visa automatically included in their plane ticket price.

And one senator is pushing for a Digital Nomad visa, but that doesn't really mean much.

Tourist  visa now being charged to everyone whether you are tourist, resident or dominican,  because it is built in to the prie of the airfare.  Technically you can get reimbursed if you are resident or dominican, but good luck with that. A lot of money being kept

    My understanding of the article is that there is no "Snowbird" visa in the works, just a change to e-visas for the countries currently requiring a paper visa to enter the DR.  This wouldn't affect the majority of tourists from North America or Europe, who already get the Tourist Visa automatically included in their plane ticket price.And one senator is pushing for a Digital Nomad visa, but that doesn't really mean much.        -@UncleBuck

People from Tourist Card countries enter VISA free.  Those from the EU and North America for example. They enter on a 30 day tourist card which is now included in the ticket price

You are right about the lack of snowbird visas and the low impact of this new potential digital nomad visa.

    Tourist  visa now being charged to everyone whether you are tourist, resident or dominican,  because it is built in to the prie of the airfare.  Technically you can get reimbursed if you are resident or dominican, but good luck with that. A lot of money being kept
   

    -@om2252001

As long as you file the claim within 30 days after your flight, you'll get your refund. You don't have to wait until you fly - you can request it after your ticket is purchased and before your flight.

@ddmcghee   I've tried it several times over many days with various flights, and the system is always down.  Different browsers, different devices, I've never managed to complete the process.  Not surprising, really.

Agree, it's a pain..

@CHRISTOPHER DAVID56  correct me please, but I think the cost of the tourist visa is $10 dollars?

That is correct and its included in your flight cost. Anyone with  residency or citizenship can request it back from the govt.

    @CHRISTOPHER DAVID56  correct me please, but I think the cost of the tourist visa is $10 dollars?        -@brandonleverett

People who enter on a 30 day tourist card enter visa free to the DR.  The cost is $10 US which is included in your airline ticket price.

@DominicanadaMike

What is different about applying as a Canadian or American?

I am American by birth and also have Canadian citizenship

Does the DR give preference to Americans?

    @DominicanadaMike
What is different about applying as a Canadian or American?
I am American by birth and also have Canadian citizenship
Does the DR give preference to Americans?
   

    -@rfortinsz

You will have to get a birth certificate with an apostille,  so the easier route is to probably apply as being from the USA.

@windeguy thank you!

Hello Everyone,

I was asked a question and not sure of the answer.

When applying for residency does DGM utilize or send a request for information on the individual to Interpol to further process the Residency Application?

When would DGM or what reason DGM send a request to Interpol to determine if Interpol

has a file on any individual?

This also may be a question the attorney can answer.

Thanks everyone

https://www.interpol.int/Who-we-are/Mem … N-REPUBLIC

Tackling Caribbean organized crime

Located at a crossroads between the American continent, the Atlantic Ocean and the Caribbean Sea, the Dominican Republic sits on a trafficking corridor linking a drug-producing region with the world’s drug-consuming markets. 

The international characteristics of drug-related crime – such as firearms, people trafficking and money laundering - make the role of INTERPOL’s National Central Bureaus (NCBs) in the region crucial to safeguarding national and regional security.

INTERPOL in the Dominican Republic

NCB Santo Domingo serves as the Dominican Republic’s operational platform for sharing police data on regional organized crime, particularly as it relates to wanted people, stolen identity documents, trends in organized crime and members of crime groups.

The 40 officers who work for the NCB are posted either to the police headquarters in Santo Domingo, or to the provinces where they have a more operational role, taking part in investigations and operations.

Immigration officers on Santo Domingo borders have access to INTERPOL databases so they can detect if a traveler is a potential criminal.

@windeguy

Thanks for that additional information and completely understand what and the role of Interpol.

I did get my answer from the attorney "Yes" about my question.  DGM does utilize and does leverage Interpol reports for processing Residency Application permits .

Just wanted to share a few tidbits about my recent travels to/from the US.

Leaving DR from SDQ on August 1 - At Migracion, my passport was thoroughly checked, the days since my last entry (March 12) were calculated, and I think the agent was about to send me over to the cashier to pay for an overstay when she saw my Residencia card in my hand. She took the card, went back into her computer, did something, and then stamped my passport with the exit stamp. She then said it was best to present my Residencia or cedula with my passport.

Flying back to DR on August 15 - I had a one-way ticket on Jet Blue from Orlando to SDQ. I wasn't able to check my bags at the kiosk and had to wait in line for Customer Service. The agent there verified my eTicket was complete and then asked when I was returning to the US. I told him I didn't know when it would be because I live in DR. When I asked, he confirmed that the one-way ticket was "most likely" the reason I wasn't able to use the kiosk. I provided my cedula and Residencia card, he entered a bunch of stuff in his computer, and I was on my way.

Arriving at SDQ - The Migracion agent looked through my passport (renewed last August, so not a lot of activity) and saw I left and re-entered in August 2023, left and re-entered in March 2024, left again, and was returning two weeks later. She kept flipping back and forth between the entry and exit stamps. I kept trying to get her attention to give her my Residencia, but she was head-down, focused on my passport. Another agent saw my Residencia card in my hand and me trying to get my agent's attention. She walked over, said something, and the agent finally took my Residencia card from me. After a few more minutes of her doing something on the computer, she finally stamped my passport.

I don't know if this more rigorous inspection is something new or if there is an issue in the system since my passport was renewed, although my latest residencia renewal was with the new passport.

At the very least, it seems like JetBlue is taking its responsibility seriously.

Perhaps JetBlue had to fly a few pople back on their own dime. They had been lax about verifying on going tickets for people on touist cards.   

As of the next week, JetBlue will have pretty much turned into SPIRIT airlines where they almost charge for air.. It is very sad to see how things have gone with most airlines.  Thanks for the update.

I have heard nothing from the people that live here on tourist cards only that anything has change for them when they come and go. 

I am wondering why the DR only gives you 30 days. Most countries give you a longer time as a tourist. I guess it is because lots of people overstay and that gives them extra revenue. I have paid it a bunch of times. I could apply for residency since my wife is Dominican but I live in Panama and don't want to move. On another note the Dominican passport is terrible. Dominicans can't hardly go anywhere without a visa. I had a really hard time getting my wife residency in Panama. I guess they hate Dominicans. In addition to being an American citizen I am also a Panamanian citizen. I always enter the Dominican Republic with a Panamanian passport. No problem but unfortunately it is not the same with Dominicans entering Panama. They usually deny visas to Dominicans. So does Costa Rica. One time I had to smuggle her in from Nicaragua thru Costa Rica into Panama. She looks the same as a Panamanian. Same language and culture. It doesn't make sense to me. Anyway the DR is an interesting country but more expensive than Panama. In addition I have a very nice property in Panama that I bought 25 years ago. Otherwise I would consider moving to the DR. Dominicans are very friendly. We have some Dominican friends here in Panama.

@robertbrucegillies

Why did they give your wife a hard time for panama visa?

@ddmcghee

Yes they are much stricter these days checking stamps etc

The current immigation scheme with overstay fines for overstaying a tourist card  in the DR is not based in laws, but in extra legal work arounds to those laws that have people illegally overstaying a 30 day tourist card pay a fine before they can leave.   After 30 days such people are driving illegally. 

A better solution would be to have a 6 month snowbird visa where driving is legal during that period on a foreign license.  For those that stay longer it would be require to be a legal resident or have some other valid visa.  I have given up expecting any changes to how things are now for many years. 

The DR government has bigger issues in constantly deporting Haitians that pay off border guards to return and work illegally.  The millions of legal tourists and cruise ship passengers are very significant revenue and the focus of the government

A few people that overstay tourist cards is still not a concern.  But that could change any day. Someone said there was a mention of this policy at a college campua when the POTDR was asked why no illegal gringos were ever deported and it was just Haitians.   And so it goes. 

Perhaps this forums lawyer can  comment publicly on why the government does not harmonize its laws and practices. 

    @robertbrucegilliesWhy did they give your wife a hard time for panama visa?        -@DRVisitor

Afer being married to a Dominicana for 20 years,  I realized it was never going to be easy to travel with her.

The problem is that Dominicans have to prove they will return home before their visa expires.  Some countries make that almost impossible.   Panama might be one of them, but we have never tried ot visit Panama, only passed through on the way elsewhere. 

I was just looking into a Schengen visa for my wife, and I do not expect to proceed.   The paperwork is almost similar to what is needed to get legal residency in the DR and requires an in person visit at an embassy in Santo Domnigo - no thanks to all of that.

The new E-Ticket system for anyone going in or out of the DR, in addtion to existing data bases for passport scans,  makes it easy to see when people came in and out of the DR. 

Not sure why they still need to check stamps, but all of that information should be readily available on their systems at a glance.  Stamps are so last century. 

@windeguy

Not sure the 30 day driving is illegal after 30 days if you extend your stay via the DGM portal.

Since there are options to extend your tourist card/stay via DGM portal up to 120 days.

Guess a question for the lawyer..As laws here change on a dime..

@windeguy

I understand if you are not married to dominican for the barriers mentioned but would assume once married they would be gone especially to a "major" country citizen.

    @windeguyNot sure the 30 day driving is illegal after 30 days if you extend your stay via the DGM portal. Since there are options to extend your tourist card/stay via DGM portal up to 120 days.Guess a question for the lawyer..As laws here change on a dime..        -@CHRISTOPHER DAVID56

Using the Migracion portal to prepay the exit fines does not make driving legal past 30 days.  I would love to see a  lawyers response on that.

INTRANTs laws are independent of the exra legal work arounds Migracion does, including the prepaying of exit fines.  If you go to Migracions web site, you will even see the disclaimer that says paying those fines does not make your stay legal. 

All that said,  the DR does not care about expats that overstay 30 day tourist cards.  Just don't get into an accident and all should be good. 

    @windeguyI understand if you are not married to dominican for the barriers mentioned but would assume once married they would be gone especially to a "major" country citizen.        -@DRVisitor

There are various ways to qualify for legal residency and after that is done, DR citizenship if desired.  Being married to a Dominican can make the process more possible,  but there is still the work to do for both. I went through both processes so I know first hand what it takes.

From Migracion's web site on fines for overstaying:

Cálculo para Pago de Estadía o Permanencia

Tiempo de estadía Tarifa vigente

30 días a 90 días RD$ 3,500.00

3 a 9 meses RD$ 5,600.00

9 a 12 meses RD$ 7,000.00

12 a 18 meses RD$9,100.00

18 a 24 meses RD$ 11,200.00

24 a 30 meses RD$ 13,300.00

30 a 36 meses RD$ 15,400.00

36 a 48 meses RD$ 22,400.00

48 a 60 meses RD$ 28,000.00

6 años RD$ 42,000.00

7 años RD$ 56,000.00

8 años RD$ 70,000.00

9 años RD$ 84,000.00

10 años RD$ 98,000.00

Nota: A partir de los diez (10) años, cada año o fracción, aumentará

RD$7,000.00. Este pago no es una prórroga que autoriza al extranjero a

permanecer en el país. Translated:   This payment is not an extension that authorizes the foreigner to remain in the country.

There are also stories of peple that have pre-paid the overstay only to have to pay again before being allowed to depart.

@windeguy

As mentioned I can't comment or debate any further. Im not a DR lawyer,  and the laws as we all know can change daily here in the DR.

So, I defer to the lawyer for the legal answer.

[link under review]

@windeguy

Yep the extension process ( its not just prepaying the overstay fees its a legal extension up to 120 days) on the tourist card

Yes, Still have to pay the fees on the extension

[link under review]

    @windeguyYep the extension process up to 120 days separate from this.Still have to pay the fees on the extension         -@CHRISTOPHER DAVID56

And that prepay is just another legal work around to the actual laws.

There are NO DR lawys that make that prepayment legal. 

I just posted that statement above from Migracion's web site.

I have read every law I can find on tourists and tourist cards.  None include paying for extending a tourist card more than 30 days legally.  That is what residency is currently for.

Lawyers, by the way,  are often VERY hesitant to talk about this.  Dr Fabio Guzman of Guzman Arriza,  drlawyer.com, a very prominent lawfirm posted on DR1 that these "fees" one pays for overstaying a tourist card   have nothing to do with DR laws on people from tourist card countries.  Dr Guzman was the one that called these payments  "an extra legal work around".   So we actually already have that answer. 

I invite any lawyer to show me where prepaying or post paying an extit fine/fee payment is part of the laws of the DR.

@windeguy

At the end of the day sir it's a legal extension of the tourist card via the DGM portal up to 120 days. No further comments! enjoy your day!

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STAYING EXTENSION

STAYING EXTENSION

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Service description

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Authorize foreigners interested in prolonging their stay in the Dominican Republic for more than 30, through an extension that can be extended up to 120 days.

To whom this service is intended

To all foreigners who wish to extend their stay in the Dom. Rep. For more than 30 days established for tourists

    @windeguy
At the end of the day sir it's a legal extension of the tourist card via the DGM portal up to 120 days
   

    -@CHRISTOPHER DAVID56

And I disagree that it is legal.  As I mentioned above.

I invite any lawyer to produce the laws, not the legal work around regulations from Migraction,  that back up any payment of fees/fines for overstaying a tourist card makes the stay legal.   Even those regulations say it does not make the stay legal if you dig a little deeper into the Migracion web site.

@windeguy enjoy your day!

Here is a link to the actual law on tourist cards

https://dgii.gov.do/sobreTarjetaTurista … 199-67.pdf

Here is a google translation of that law: 

Law No. 199-67, which authorizes the use of a Tourist Card.

Art. 1.- The use of a tourist card is authorized, with which one may enter the national territory, for tourist purposes, without the need for a consular visa.

Art. 2.- This card may be used by nationals of countries with which the Republic maintains diplomatic relations.

Art. 3.- For the purposes of this law, any person who enters the country for a period of time is considered to be one.

Paragraph.- The right to this tourist card is lost if the beneficiary engages in lucrative activities in the national territory and the improper use of the same will be sanctioned by the national immigration authorities with his/her immediate expulsion from the country without any formality.

Art. 4.- A valid passport will be required to enter the country with a tourist card.

Art. 5.- The time that a tourist may remain in the country after entering with this card is set at 15 days.

Art. 6.- The tourist card may be purchased at Dominican consulates, at shipping or airline agencies represented in the country, or at travel companies or agencies and tourist institutions recognized in the Republic, at a price of RD$2.00 each.

Art. 7.- The Ministry of Foreign Affairs and the General Directorates of Migration and Tourism are responsible for compliance with this law.

Art. 8.- The Executive Branch may restrict the use of the tourist card referred to in this law, when the national interest so requires.

Art. 9.- This law repeals or modifies, as necessary, any other law or legal provision that is contrary to it.

GIVEN AND PROMULGATED at the National Palace, Santo Domingo, National District,

Capital of the Dominican Republic, on the ninth day of the month of May of the year

one thousand nine hundred and sixty-six, 123rd of Independence and 103rd of

Restoration.

Now note how different this law is from what actually happens. This is the DR.  And so it goes.

@CHRISTOPHER DAVID56

If an extra legal work around is not based in laws,  Is it really legal?

I just posted an actual law about tourist cards and it's translation.

No mention of prepayments or post payments to extend legality.  None. ...

I invite any lawyer to show me something different.  Show me the new law which has payments for overstays. I actually have two lawyers that provided the same answer.  I mentioned one since they posted the reponse on a public forum, the other shall remain nameless.

For now.

@windeguy

thanks for the post...Enjoy your day!