Newborn declaration: after constitutional changes.

H

hi3cmz

New member
Oct 19, 2009
18
2
0
Hi, I am chinese citizen with DR permanent residence card, and my wife is using her visa to stay here, should get her temporal resident in coming months.

We got a newborn this week, and JCE.DO says we should declare within 60 days. I have read that in 2007 congress changed the law, stating that newborn with both (or one of?) parents with permanent residence status, is okay to get DR citizenship, but JCE.DO also state that one can declare as "padre consensual" so.. what is the best way to declare him?

Thanks...~!
 
F

Fabio J. Guzman

DR1 Expert
Jan 1, 2002
2,359
252
83
www.drlawyer.com
Your child is a Dominican under Article 18.3 of the new Constitution, since he was born in the Dominican Republic of parents who, although foreigners, were here legally.
 
H

hi3cmz

New member
Oct 19, 2009
18
2
0
Thanks Mr. Guzman, it happened exactly as you said, JCE checked our documents closely, asked for cancilleria legalized marriage certificate, copy of my dr ID card and spouse's passport, and next day Acta de nacimiento where ready for pick up, as my son is going with my wife to visit his granma/fa this winter, I went to direccion de pasaporte of Santiago city, and receptionist inform me that foreingers parents kid's passport can only be processed on Sede Central, I think is the same building as Migracion close to Malecon, Sto Dgo, I wonder if anybody on this forum has done the same as I am going to do for my newborn son: getting dominican passport and both parents are foreingers, and what extra document / process involved, thanks for reading...
 
H

hi3cmz

New member
Oct 19, 2009
18
2
0
Update: I call to direccion de pasaporte, SDQ, and they told me that BOTH of parents has to be permanent resident and at least 2 yr of residence for them to inssue my newborn son dominican passport, so a dominican born child is dominican, but they can not get passport if parent are not "permanent resident" status. I am feeling sad for my son, because his gramma and his father has been here since 1985, he is born here, and still, can't be a "dominicano" because of his mother, just come here.
 
D

Dolores1

DR1
May 3, 2000
8,215
37
48
www.
I would check again and ask for second opinion, and probably legal counsel.

The new Constitution states regarding being Dominican nationals (Chapter 5, Section I):

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.

Persons born in national territory, with the exception of the sons and daughters of diplomatic or consular personnel, of foreigners in transit or that reside illegally in Dominican territory. A foreigner is considered in transit according to Dominican laws.

So this means you need to find the law that defines when a person is in transit. Logic seems to mean that if one has legal residence, then one is not in transit. And if one parent is legal, I would assume that is enough. So, please check with other persons and if you still get negatives, get legal counsel. Let us know updates on your research.
 
  • Like
Reactions: Keith R
H

hi3cmz

New member
Oct 19, 2009
18
2
0
Yes, I will try to talk to lawyers about it, if I still get negative, then something bad is happening here: a girl married to DR permanent resident for decates, have their son born here, and still is considered to be "in transit", then, a lot of dominican people might fall into this category, something very simple, decates later, I might talk to my son about this and he might think: "I am not 100% dominican, when I was born, my country negate my citizenship", if this happen more and more, very serious problem arise for future generations.
 
T

travel1000

Member
Jan 31, 2007
105
2
18
I assume you come from Taiwan. your son should be citizen from Taiwan without right of abode ( republic of china). For the winter travel, you can apply Taiwan passport and entry permit for Taiwan. after two years, you can deal with dominican passport. there is technical question if immigration in airport allow him to depart without maxim penalty fee apply?
 
H

hi3cmz

New member
Oct 19, 2009
18
2
0
Yes, this is weird, he didn't purchase "tourist card", so maybe start day is his birthday? because he can "prove" that his existence is only months, and passport didn't lost, either, unless, airport charge maximun fee for un-recorded passport to depart, anybody has run on this before? honestly, I think charging a dominican newborn, max penality to depart is just too cruel for him.
 
You must log in or register to reply here.
Top Bottom