Question regarding citizenship in the DR and Haiti

M

martes

New member
Feb 15, 2015
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I already searched for citizenship in the forum, but couldnt find something which helped me, so please apologize if that question has been asked before!

According to Wikipedia the DR gives the restricted "birthright citizenship" (jus soli) and from January 2010 all children of non-residents were excluded from the dominican citizenship. I saw this post: http://dr1.com/forums/showthread.php/139285-New-Decree-for-All-Foreigners but I am not sure if this decree changes something regarding that situation?
So, my first question is: only children to residents in the DR receive the dominican citizenship? Or are there any exceptions?
So a child born in the DR by a Haitian mother who wasn't living legally (an expired visa) in the DR and a father from a european country who wasnt a resident nor living in the DR at that time would not receive the dominican citizenship, I guess?

Second: According to the Haitian consitution (article 11: Any person born of a Haitian father or Haitian mother who are themselves native-born Haitians and have never renounced their nationality possesses Haitian nationality at the time of birth.) that child should receive the Haitian citizenship, if I am not wrong? Or are there any exceptions (through amendments which I didnt find) due to the fact that the child was born on dominican ground?

Thank you very much!
 
M

Matilda

RIP Lindsay
Sep 13, 2006
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Dominican Republic is jus sanguinis, same as Haiti and the majority of the world and citizenship passes from the nationality of the parent. Same as Haiti. However it is also jus soli, same as the USA, along with around 30 other countries, where you are born is your nationality. However there in the Dominican Republic, the 2010 Constitution specifically excludes: "The children of foreigners “residing illegally on Dominican territory” and a 2013 ruling was was backdated to include all those born to foreigners who were/had been residing in the country illegally since 1929. This means that if you are a foreigner, but a legal resident, holding residency then any of your children can take Dominican nationality via jus soli as well as your own via jus sanguinis.

There is a really good article about it here: http://cadmus.eui.eu/bitstream/handle/1814/50045/RSCAS_GLOBALCIT_CR_2017_16.pdf?sequence=1

Matilda

Matilda
 
A

airgordo

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Jun 24, 2015
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martes said:
I already searched for citizenship in the forum, but couldnt find something which helped me, so please apologize if that question has been asked before!

According to Wikipedia the DR gives the restricted "birthright citizenship" (jus soli) and from January 2010 all children of non-residents were excluded from the dominican citizenship. I saw this post: http://dr1.com/forums/showthread.php/139285-New-Decree-for-All-Foreigners but I am not sure if this decree changes something regarding that situation?
So, my first question is: only children to residents in the DR receive the dominican citizenship? Or are there any exceptions?
So a child born in the DR by a Haitian mother who wasn't living legally (an expired visa) in the DR and a father from a european country who wasnt a resident nor living in the DR at that time would not receive the dominican citizenship, I guess?

Second: According to the Haitian consitution (article 11: Any person born of a Haitian father or Haitian mother who are themselves native-born Haitians and have never renounced their nationality possesses Haitian nationality at the time of birth.) that child should receive the Haitian citizenship, if I am not wrong? Or are there any exceptions (through amendments which I didnt find) due to the fact that the child was born on dominican ground?

Thank you very much!
Click to expand...

You said yourself, IF you got no legal residence there is no way your child can claim the Jus Solis in the DR...IF at least ONE of the parents IS a legal resident the child is Dominican by Jus Solis...Article 11 of the haitian constitution says exactly what you wrote therefore a child from a Haitian IS haitian even if it gets born in Jupiter.
 
M

mofongoloco

Silver
Feb 7, 2013
3,002
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Curiously smart folks here...how many citizenships can one person hold?

So, for example an American citizen/ resident who is dual citizen uk has a wife who is dual Canadian/DR. The kid of this hypothetical couple. how many could the kid claim.

Me, I oppose dual citizenship.
 
M

martes

New member
Feb 15, 2015
15
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1
Thanks for the replies.
Alright, I asked just to make sure I didnt miss something, but obviously I did my homework properly ;)


mofongoloco said:
Curiously smart folks here...how many citizenships can one person hold?

So, for example an American citizen/ resident who is dual citizen uk has a wife who is dual Canadian/DR. The kid of this hypothetical couple. how many could the kid claim.

Me, I oppose dual citizenship.
Click to expand...
Well, that totally depends on the laws of the different countries. But I think usually dual or maybe even triple citizenship is possible in most countries as far as the citizenship was received through birth and not through applying for one... once you apply for a citizenship in another country your former home country - unless you get a special permit - can revoke your citizenship.
But again: I am not a lawyer and I think each country has its own rules. Furthermore, this would get off-topic now...
 
W

windeguy

Platinum
Jul 10, 2004
42,211
5,970
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mofongoloco said:
Curiously smart folks here...how many citizenships can one person hold?

So, for example an American citizen/ resident who is dual citizen uk has a wife who is dual Canadian/DR. The kid of this hypothetical couple. how many could the kid claim.

Me, I oppose dual citizenship.
Click to expand...

martes said:
Thanks for the replies.
Alright, I asked just to make sure I didnt miss something, but obviously I did my homework properly ;)



Well, that totally depends on the laws of the different countries. But I think usually dual or maybe even triple citizenship is possible in most countries as far as the citizenship was received through birth and not through applying for one... once you apply for a citizenship in another country your former home country - unless you get a special permit - can revoke your citizenship.
But again: I am not a lawyer and I think each country has its own rules. Furthermore, this would get off-topic now...
Click to expand...

Very few countries limit the number of citizenship's a person can hold.

Those who don't want more than one citizenship should not seek another. Those who don't like multiple citizenship's are not going to change how the vast majority of countries operate on this topic.
 
S

suavena

Member
Jan 27, 2009
134
3
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Matilda said:
Dominican Republic is jus sanguinis, same as Haiti and the majority of the world and citizenship passes from the nationality of the parent. Same as Haiti. However it is also jus soli, same as the USA, along with around 30 other countries, where you are born is your nationality. However there in the Dominican Republic, the 2010 Constitution specifically excludes: "The children of foreigners “residing illegally on Dominican territory” and a 2013 ruling was was backdated to include all those born to foreigners who were/had been residing in the country illegally since 1929. This means that if you are a foreigner, but a legal resident, holding residency then any of your children can take Dominican nationality via jus soli as well as your own via jus sanguinis.

There is a really good article about it here: http://cadmus.eui.eu/bitstream/handle/1814/50045/RSCAS_GLOBALCIT_CR_2017_16.pdf?sequence=1

Matilda

Matilda
Click to expand...


IN 1929 According to the constitution Seccion 1 article #8 Every person born in DR WITH EXCEPTION OF THE SONS OF FOREIGN RESIDENT OR "IN TRANSIT." Haitians are in transit when they cross illegally or brought to works inside DR. Imagine if that weren't the case, then, they will take over the whole island WITHIN DECADE. just the fact of our history with them where every single battle and invasion were fought and repelled FROM INSIDE DOMINICAN TERRITORIES, our leadership were smart enough to understand the problem living with our neighbor.
 
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