Work Visa Process

Hello Planner,

Thank you for this sharing of information

Priscilla

Excellent resume of the process Planner.  Things certainly have changed since I first came here.

Great information and very accurate.

Let me add just a few ideas

The company must comply with the national provision -of a constitutional nature- called the constitutionalization of employment, this is that the company cannot have more than 20% of foreign employees of the 100% that it has.

The company must demonstrate that this person is the most suitable professional who entered the competition for the vacant position, sometimes the public administration can act with some flexibility in this regard, however, it will depend on each case. As the planner points out, the company must demonstrate the financial capacity to bring an employee to the Dominican Republic.

The company must also demonstrate compliance with fiscal and institutional obligations of the country.

This company must manage or should hire a specialist who can manage a series of documents before the Ministry of Labor, such as the "SIRLA" certification as well as the resolution of the employment contract, this is a new requirement that allows the company to show to the General Directorate of Migration that this employee has authorization from the Ministry of Labor to work in the country.

The wording of the contract must be strategic, since there are issues that may result in impediments for the Ministry of Labor to grant authorization, for example, the lack of placement of the workday that this foreigner will have, as well as the Lack of mention of specific health benefits. Furthermore, not just any salary qualifies to allow a foreigner to be hired, there are positions that cannot earn less than 25,000 DOP.

Companies must provide the Ministry of Labor, the Ministry of Foreign Affairs and the General Directorate of Migration with as much information as possible about the legitimacy and soundness of operations, again, strategically all this because the company must be the guarantor/ sponsor of the employee while the contract lasts.

If at any time the foreigner wishes to change their immigration status or cancel their immigration status, the right thing  to do is to notify the General Directorate of Immigration.

Lishali

Thank you Lishali. I just learned a few new details, always helpful!

I just copied a post by Lishali from the other thread that was opened without reason.

In 2018, all government excuses or waivers for the hiring of foreign and Dominican labor in violation of article 135 of the labor code were exhausted.

Therefore, I must say that it has always been legally necessary that the mandate of the law be respected and that to date those provisions in force continue. This is 80% of the employees of a company must be Dominican to allow this company to be entitled to a 20% of foreigners.

This technique varies a little in specific cases, namely: a) If there are 9 employees, Dominicans must be 6. b) If there are 7 Dominicans must be 5. c) If there are 6 Dominicans must be 4. d) If they are 3 Dominicans must be 2. With some other exclusions that apply when they are managerial positions.

In my previous post in which I established that there is a minimum salary allowed to receive authorization from the Ministry of Labor to hire foreigners, that minimum is currently RD $ 25,000.

As the planner indicates, these guidelines are already formed and taken, it seems that if any change is coming it will have something to do with the possible change in management of the Immigration Department after the July elections, it is no surprise that when the government changes, everything changes.

In my professional opinion is that the Dominican Republic has much more situations of great importance to attend to at this precise moment, than to impose new measures on the business sector who needs to be an ally of the government at this moment.

Lastly, nor has the Immigration Department, the Ministry of Labor or the Association of Immigration Attorneys mention anything about this new guidelines.

Lishali

Hello,
The situation of the changes to the Work Visa requirements is a new issue recently discussed with the Immigration authorities and will be experienced by the new applications as soon as the new files are submitted. On going processes won't change its situation.
I assume the ones that are going to suffer the most are the Venezuelans because of the base salary and not real cases of foreign executives and technicians with high salaries.
Please do not think I came over to win or fight for clients. This is a recent situation that could affect dozens of cases if not hundreds and I feel obliged to share the new guidelines in the analysis of cases for this type of visa (by Mirex) and the correspondent residence permit (by Migracion) so anyone here is not caught off-guard.

Here is how I understand it,  the laws are on the books. 

Because of this virus, the word is they may start actually enforcing them!  And yes this will effect some more than others sadly! But, the law is the law.

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AND so everyone is clear,  everyone is welcome here.  Opinions are important, facts are important.   

Everyone who comes and reads here will take that info and do what works for them.

Sadly,  we have had  individuals come in here,  post a bunch of stuff, never answer questions and then go away when they got some clients.

No one is saying this is you Tomas but we are just wary!  Please continue to work with us and bring your experience to the table!

My opinion is -

Yes, the world and the DR are changing.... no more 'old' normal

Visas will be altered

The face of tourism will change.
Firstly, IMO, the initial tourists will be aimed at Punta Cana and the AI's
Like a quarantine - they will arrive , be escorted to their destination,
mingle among themselves - nobody outside the resort -
and be escorted to their departing flight.

Not difficult to facilitate and gets the hotel/tourist of to a start.

Now - the independent tourist.... who wants to step off the plane and go where the wind blows them -
That may be a while opening up
The 'free roaming' tourist will change for sure ... IMO

Perhaps - if you apply for residency - you'll be allowed to enter to complete that.... seems reasonable to me.

We know the DGM has been tracking overstayers....
Now, those overstayers are at a disadvantage.

We have yet to see how this will develop...
but for sure...
the tourist industry will get a push... too large a factor not to get help.

A residency or a work visa  are not tourist visas or tourist cards. 

And I do agree everything is changing

Interesting stuff and much I believe is correct.

However we applied under this system online to extend and this was approved till 8 June.  However with Covid-19 we're stuck.  I've sent several emails asking for further extensions but have received of course no replies.

As we have absolutely no interest in returning to DR I suppose for the individual like us this makes little difference regarding the overstay rules.  I would add that on the north coast it's mostly individuals who come over or property owners.  We rent from someone living in another country so I thinks these people will suffer the most.  The Punta Cana market is for the 2 weeker not more

Ducketts

Ducketts
I think it would surprise you how many of those owners have no residency status
Interlopers of sorts..... no official status... and some have cars !!

I kniow some like that

Bad place to be right now

I recommend to carefully check all the types of visa available that will best suit you according to the activities you will do to earn a living and build a strong case with good financial solvency, locally and from the country of origin.

If someone secures its visa, the acceptance as it is, will help the second step (residence).

The financial solvency will tell the authorities you won't be a burden to the country and you will be accepted right away with the completion of the remaining documents.

Hotels will reopen next month and the economic wheel will start moving again.

Ducketts,

I heard there's going be a grace period for documents that were going to be due between Mars 19th and May 19th.
Check this in Immigration Office and ask specifically about this.
Appointments are appearing in the system right now.
Good luck.

That has already been confirmed - 2 month grace period!

If people would at least attempt to keep the discussion on topic this is all much easier.  In the residencia thread much if this is covered. 

This thread is about work visas - let's discuss only the work visa process please!

In my opinion,  the lack of jobs due to a huge decrease in tourism will take an extended period to return.  Nobody can predict how long this will take. CV-19 is here to stay.

That lack of jobs will make getting a work visa even more difficult than it is.

I would never recommend anyone come to the DR (unless it is on line for real money and not part of this discussion)  to work if they can find gainful employment elsewhere.

Work visas will become much harder to get

I am towards the end of my first one year work visa.  How do I renew.

Are you with the same employer? Have they written a new letter?

I am with the same employer, and it’s no problem for them to write the letter… That’s what I’m trying to figure out is what is the process that needs to happen. We have moved here on a work visa and are doing ministry As part of one of the local churches. That is who we are “working for”

I have asked the residency lawyer to comment!

Hi there, I am having a hard time finding information on what I may need to do in order to provide physical therapy/manual therapy/personal training consultations at a yoga teacher training retreat in DR. I don't plan to move permanently, but am looking into doing some teaching on occasion at live trainings in DR in the future. I am a licensed Physical Therapist in the USA and have great liability insurance coverage. My thought would be to provide individual consultations for Yoga teacher training students outside of the training program itself, if that makes sense. Kind of like an add-on service at additional cost, run through my business alongside the teacher training business. I want to be able to advise them on their own body mechanics, perhaps use some therapeutic massage or manual techniques, and advise as to which exercises to do to improve. I can't find any information as to what, if any, licensing requirements there are in DR, or what to do if this is an incredibly temporary endeavor. Any insight would be helpful!

Is this what you are looking for?

TEMPORARY WORKER PERMIT (PTT)

SERVICE DESCRIPTION
Non-resident permit for foreigners entering the Dominican Republic with an employment contract, endorsed by a company legally constituted in the country. The validity of this permit is for one (1) year, and can be renewed for one (1) more year, if proof of the extension or renewal of the employment contract is provided.

https://migracion.gob.do/en/servicio/pe … y-workers/

Another option would be to establish your own company here but as a non resident you would still need the work permit to stay and work legally. 'planner' would be best to advise on the challenges setting up and of having your own company here.

Another suggestion is to approach some of the higher end hotels and see if they would be interested in contracting your services and cover the legal aspects. The remuneration would not be that high being as you are competing with Dominicans and wages are low.

So a corporation is fairly  straight forward to set up and you do not need residency. HOWEVER to work in your own business you need  residency or a work permit. And yes your corporation can jump through hoops and try to get you a work permit.

Earning money here is territorial.   So if you are working  and your feet are on the ground HERE then technically you are  in need of a work permit.  In  your case if  you were paid in the USA for what you did here that might be different.

Its very much a grey area!   I suggest you speak with Lishali  our  recommended lawyer on residency and work visa issues.

Thank You so so very much!! I am not sure if the company is based in the US or DR. (The company began in the US a few years ago, then she moved to DR, but does international trainings virtually). I will look into that aspect. Thanks again for your help in pointing me in the right direction. It sounds like a temporary work visa might be the better option to get started. This year, I will likely just be presenting as part of my graduation requirements (paying a fee to do so, rather than getting paid), but I am thinking a step ahead about perhaps teaching as a paid position once or twice a year, either in-person or virtually from the US and maybe also offering my private services on the side. But it sounds like offering my private services would be a whole big ordeal. We'll go step by step, I think.

Thank you so much! This has been very helpful!

Glad I can help!