Who has rights of citizenship?

[mountainannie]

ok --here is a letter from the DR government

Moreover, given that children born in the country with at least one legally-resident migrant parent are and will continue to be Dominican, the numbers of persons not eligible to obtain Dominican documentations have been dramatically overstated.

http://www.domrep.org/letter.html

which makes it clear that the Reuters article is in error.

 

[windeguy]

I am glad we figured out that a foreigner with residency is not "in transit".

 

[bob saunders]

the words in question are Article 12 number 3

3) Las personas nacidas en territorio nacional, con excepci?n de los hijos e hijas de extranjeros miembros de legaciones diplom?ticas y consulares, de extranjeros que se hallen en tr?nsito o residan ilegalmente en territorio dominicano. Se considera persona en tr?nsito a toda extranjera o extranjero definido como tal en las leyes dominicanas;

which is translated as
https://www.constituteproject.org/constitution/Dominican_Republic_2010.pdf

The persons born in the national territory, with the exception of the sons
and daughters of foreign members of diplomatic and consular delegations,
and of foreigners in transit or residing illegally in the Dominican territory.
Any foreigner [masculine] or foreigner [feminine] defined as such in the
Dominican laws is considered a person in transit;

That is article 18.3 not 12. Your translation is correct and clearly identifies who is considered in transit. Those as defined by Dominican law ( those who are not legal) or are diplomats or consular staff.

 

[bob saunders]

sorry - maybe it is not enough coffee..

or maybe the translation is off..

but this, to me, says that any "foreigner" defined as a foreigner is considered a person in transit.

So having a "no vota" cedula - even as a permanent resident, would that not define you as a "foreigner" and hence, "in transit"?

It seems to me that only CITIZENSHIP of a parent will convey citizenship to the chldren.

Clearly the coffee is not working. Forget the word any, and concentrate on the word illegal or defined as such by Dominican law.

 

[Kipling333]

I am glad we figured out that a foreigner with residency is not "in transit".

Was that ever in doubt except for Annie.. the very word residency , tarjeta de residencia is the exact opposite to in transit

 

[NALs]

Jus Sanguinis

Dominican + Dominican = Dominican by descent

Dominican + Naturalized Dominican = Dominican by descent

Dominican + Legal Foreigner = Dominican by descent

Naturalized Dominican + Legal Foreigner = Dominican by descent

Dominican + Illegal Foreigner = Dominican by descent

Naturalized Dominican + Illegal Foreigner = Dominican by descent

Dominican + Foreign Consul = Dominican by descent

Naturalized Dominican + Foreign Consul = Dominican by descent

Dominican + Tourist = Dominican by descent

Naturalized Dominican + Tourist = Dominican by descent

Dominican + Foreign with Temp Work Permit = Dominican by descent

Naturalized Dominican + Foreign with Temp Work Permit = Dominican by descent


Jus Solis

Legal Foreigner + Legal Foreigner = Dominican by birth

Legal Foreigner + Illegal Foreigner = Dominican by birth

Legal Foreigner + Foreign Consul = Dominican by birth

Legal Foreigner + Tourist = Dominican by birth

Legal Foreigner + Foreign with Temp Work Permit = Dominican by birth


Exceptions of Jus Solis

Foreign Consul + Foreign Consul = Foreigner

Foreign Consul + Tourist = Foreigner

Foreign Consul + Illegal Foreigner = Foreigner

Illegal Foreigner + Illegal Foreigner = Foreigner

Illegal Foreigner + Tourist = Foreigner

Tourist + Tourist = Foreigner

Foreign with Temp Work Permit + Foreign with Temp Work Permit = Foreigner


It has been like this since 1929.

 

[NALs]

Forgot...

Foreign Consul + Foreign with Temp Work Permit = Foreigner

 

[airgordo]

So their children are then Dominican citizens?

YES, it say so Crystal clear on the Constitution

 

[airgordo]

The question I have is only tangential to the article in the Huffington Post ..

It is about the NEW constitution -- and the NEW interpretation.. I had one French friend who applied for citizenship, but there was simply no action on his case for 5 years.

How is it, Bob Saunders, that you can just say that those foreigners with residency are not considered in transit? When the constitution itself says that all foreigners are considered "in transit" ?

I have read in more than one posting about the law now being simply "jus sanguinis" -- that a child must have at least one Dominican parent to be considered Dominican.

thanks for moving it to Legal, AE,, it would be good to get an answer from Sr Guzman.

(I doubt that there are very many immigrants that this will apply to - since most will have the nationality of their home country - a US parent - well, a mother gives the citizenship automatically but a US father must prove paternity and sign papers commiting to support)

1- There is NO NEW interpretation, that is what some of your people want to sell to the world, the words on article 18 of the DR constitution have said the SAME THING basically since 1929 when TRANSIT was added.

2- constitution says CRYSTAL CLEAR what are the exceptions for the Jus Solis, Offspring of DIPLOMATS and Offspring of ILLEGALS...it is FALSE to write here that that the constitution says all foreigners are in transit!!

3)
Las personas nacidas en terr
itorio nacional, con excepci?n
de los hijos e hijas de
extranjeros miembros de legaciones dipl
om?ticas y consulares, de extranjeros
que se hallen en tr?nsito o residan ilegalmente en territorio dominicano. Se
considera persona en tr?nsito
a toda extranjera o extran
jero definido como tal en
las leyes dominicanas;

 

[airgordo]

Jus Sanguinis

Dominican + Dominican = Dominican by descent

Dominican + Naturalized Dominican = Dominican by descent

Dominican + Legal Foreigner = Dominican by descent

Naturalized Dominican + Legal Foreigner = Dominican by descent

Dominican + Illegal Foreigner = Dominican by descent

Naturalized Dominican + Illegal Foreigner = Dominican by descent

Dominican + Foreign Consul = Dominican by descent

Naturalized Dominican + Foreign Consul = Dominican by descent

Dominican + Tourist = Dominican by descent

Naturalized Dominican + Tourist = Dominican by descent

Dominican + Foreign with Temp Work Permit = Dominican by descent

Naturalized Dominican + Foreign with Temp Work Permit = Dominican by descent


Jus Solis

Legal Foreigner + Legal Foreigner = Dominican by birth

Legal Foreigner + Illegal Foreigner = Dominican by birth

Legal Foreigner + Foreign Consul = Dominican by birth

Legal Foreigner + Tourist = Dominican by birth

Legal Foreigner + Foreign with Temp Work Permit = Dominican by birth


Exceptions of Jus Solis

Foreign Consul + Foreign Consul = Foreigner

Foreign Consul + Tourist = Foreigner

Foreign Consul + Illegal Foreigner = Foreigner

Illegal Foreigner + Illegal Foreigner = Foreigner

Illegal Foreigner + Tourist = Foreigner

Tourist + Tourist = Foreigner

Foreign with Temp Work Permit + Foreign with Temp Work Permit = Foreigner


It has been like this since 1929.

THIS can not be explained MORE CLEAR than this! if people still can't understand then either they have special needs or are after spreading lies about this country.

 

[airgordo]

Its my understanding that the law has always been "jus sanguinis". It becomes complicated because many Haitians got fake papers decades ago and wrongly gave citizenship to their offspring. The government is now merely in the process of undoing this and establishing who actually has citizenship based upon jus sanguinis.

NO, the DR has Always had Jus Solis and Jus Sanguinis, However Our Jus Solis IS NOT UNIVERSAL and IRRESTRICTED like the US or Canada, it has Exceptions that appeared for the first time on the constitution on 1929 when the term TRANSIT was added and has been there ever since, the only way a foreigner ceases to be on transit is when it becomes a Legal resident, THEN his/Her children can be Dominicans At Birth

 

[airgordo]

sorry - maybe it is not enough coffee..

or maybe the translation is off..

but this, to me, says that any "foreigner" defined as a foreigner is considered a person in transit.

So having a "no vota" cedula - even as a permanent resident, would that not define you as a "foreigner" and hence, "in transit"?

It seems to me that only CITIZENSHIP of a parent will convey citizenship to the chldren.

Children from ANYBODY that has that permanent RESIDENCY of this country have the claim to citizenship, the MAGIC WORDS are Legal Residency, a VISA or a Permit is NOT a Legal Residency.

 

[Kipling333]

It is important to note that the baby who is the child of two legal foreigners have the RIGHT to citizenship but may choose not to take it as they may prefer to be American . It is not important where two Americans have their child..it is still regarded as American.

 

[windeguy]

It is important to note that the baby who is the child of two legal foreigners have the RIGHT to citizenship but may choose not to take it as they may prefer to be American . It is not important where two Americans have their child..it is still regarded as American.

There is no reason that both citizenships could not be claimed for such a child. For the child to be a US Citizen the parents must take action. For the child to be a Dominican citizen, the parents must also take action.

 

[bob saunders]

The question I have is only tangential to the article in the Huffington Post ..

It is about the NEW constitution -- and the NEW interpretation.. I had one French friend who applied for citizenship, but there was simply no action on his case for 5 years.

How is it, Bob Saunders, that you can just say that those foreigners with residency are not considered in transit? When the constitution itself says that all foreigners are considered "in transit" ?

I have read in more than one posting about the law now being simply "jus sanguinis" -- that a child must have at least one Dominican parent to be considered Dominican.

thanks for moving it to Legal, AE,, it would be good to get an answer from Sr Guzman.

(I doubt that there are very many immigrants that this will apply to - since most will have the nationality of their home country - a US parent - well, a mother gives the citizenship automatically but a US father must prove paternity and sign papers commiting to support)

you are misreading and misinterpretating the DR constitution.

 

[Billp]

I just find it pretty hilarious that people go to DR1 (or facebook) for legal advice rather than simply calling a lawyer or the proper authority

 

[Billp]

Real world advice versus the law. Hmmm, which stands up in court? The opinions on legal matters from DR1 hold no value. Just call the proper authority and ask.

 

[Billp]

Exactly, so coming to DR1 with a legal question and expecting an absolute response that will hold water is akin to winning the lottery. You are much better off to to contact at reputable lawyer or the appropriate authority. Yes, there is a place for advice here, but on a matter of complex legal issues, this is FAR from the best place

 

[Billp]

Exactly - so anecdotal opinions of people you don't know or you have no idea of their credibility have ZERO weight. Yeah, it's good to hear he experiences, BUT - simply call the correct authority. WAY better advice and something that you can use to document.

 

[harry myrtle beach]

I am married to a Dominicana and have my one year residency card. I would like to know if any one has a copy of the letter to
DGM
naturalization. Thank you for your help.