The new 6-month law, true or false ?

H

Hispanola

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This thread is exlusively for finding out if there is now a new law put in place for Permanent-Residents, including those Permanent-Residents who are long time Permanent-Residents (before this law was allegedly passed).

1). The question is why have I not seen this new law in any official web-site ?


2). If true, when does it take into effect, and does it include people who were Permanent-Residents before this law came into being. (a retroactive law).


3). How is the 6 month period counted: Within a calender year? or from the last time one was in the Dominican-Republic? or can one stretch out the 6 months within a calender year or does it have to be continuos ?
 
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Matilda

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Sep 13, 2006
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1. It is there on the migracion site and is part of the law. http://www.migracion.gov.do/leyes/Dec_631-11_Reglam_L_285-04.pdf

2.It is for people in process

3. It says

Un Extranjero en proceso de expedici?n de residencia temporal o
permanente no podr? ausentarse del territorio nacional por per?odos superiores a seis
(6) meses. Pasado este tiempo, sin causa justificada, si el Extranjero regresare al
pa?s, deber? reiniciar el procedimiento de solicitud de residencia sometiendo toda la documentaci?n requerida al efecto y enunciado en los art?culos relativos a la
residencia.

For periods longer than six months, if my Spanish is correct.

Matilda
 
W

windeguy

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Does someone with permanent residency stand to lose that residency if they leave the

Matilda said:
1. It is there on the migracion site and is part of the law. http://www.migracion.gov.do/leyes/Dec_631-11_Reglam_L_285-04.pdf

2.It is for people in process

3. It says

Un Extranjero en proceso de expedici?n de residencia temporal o
permanente no podr? ausentarse del territorio nacional por per?odos superiores a seis
(6) meses. Pasado este tiempo, sin causa justificada, si el Extranjero regresare al
pa?s, deber? reiniciar el procedimiento de solicitud de residencia sometiendo toda la documentaci?n requerida al efecto y enunciado en los art?culos relativos a la
residencia.

For periods longer than six months, if my Spanish is correct.

Matilda
Click to expand...

That explains a different situation than the OP requested information on, but is still valuable information.

The question remains, does someone with permanent residency stand to lose that residency if they leave the country for 6 months?
 
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william webster

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Jan 16, 2009
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Yes, Windy, that has been my impression from the beginning of this discussion - way back when.

The residency stipulation is that no resident (perm or temp) can be out of the country for more than 6 months.
I take that to be 6 consecutive months.

My impression only , but it was pretty well discussed a while back.

Other countries have a "minimum stay" requirement.
RD has a "maximum absence" requirement --- ... how very Dominican, just a little twist
 
M

Matilda

RIP Lindsay
Sep 13, 2006
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Having read the law, that was the only place I saw the 6 months mentioned, so either I have not read it properly (quite possible) and missed another mention of 6 months, or it was the piece I posted and was misunderstood by whoever mentioned it in the first place?

Matilda
 
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windeguy

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Matilda said:
Having read the law, that was the only place I saw the 6 months mentioned, so either I have not read it properly (quite possible) and missed another mention of 6 months, or it was the piece I posted and was misunderstood by whoever mentioned it in the first place?

Matilda
Click to expand...

That is exactly what we are trying to clarify.
 
B

barker1964

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Apr 1, 2009
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william webster said:
Yes, Windy, that has been my impression from the beginning of this discussion - way back when.

The residency stipulation is that no resident (perm or temp) can be out of the country for more than 6 months.
I take that to be 6 consecutive months.

My impression only , but it was pretty well discussed a while back.

Other countries have a "minimum stay" requirement.
RD has a "maximum absence" requirement --- ... how very Dominican, just a little twist
Click to expand...

American has the same rule if you are a Green card holder If you're out for more than 6 months you may have a problem. When you apply to be a citizen one of the questions is have you been out of the country for more than six months in the last five years?...
 
H

Hispanola

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So does this mean the 6 month rule is only for people applying for the first time and not for people already holding Permanent-Residency ?
 
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william webster

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Hispanola said:
So does this mean the 6 month rule is only for people applying for the first time and not for people already holding Permanent-Residency ?
Click to expand...

Aha !! Therein, lies the crux.

Thats what we all want to know.
In my case , its just curiosity - I'm never out more than 6 months, but many people come just Dec - Apr and that leaves them wawy too long.
 
D

Dominicaus

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Hispanola said:
So does this mean the 6 month rule is only for people applying for the first time and not for people already holding Permanent-Residency ?
Click to expand...
It is for people who have an application in progress (for a permanent or temporary residence permit)...As indicated in the other thread (see specific quotes there), we have seen nothing in that document about anyone losing residence privileges after any absence...it seems the permits are renewable after the 1st year, then after each 4-year period-- they do not mention any continuous physical presence requirement for the renewals, either...in fact this seems to be extremely generous...as I and others have indicated elsewhere, many countries do in fact take away permanent residence status even after a short 6-month absence...perhaps that is the reason why the rumour started...the fact that many countries do it that way.
Anyway, anyone who can read Spanish can examine the document (or ask someone who can read Sp to examine it) and then reach his/her own conclusions.
 
H

Hispanola

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I personally never met anyone having the ability to stay full time in the Dominican-Republic, unless he was either a Retiree or a Hatian.

For me I need to work a few more years abroad before I can retire in the D-R, and that is why I originally applied for Permanent-Residency, for my Retirement.
 
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