I don't see why anyone would want to do this, but just out of curiosity, is DR citizenship renunciation actually not permitted in most cases? I've come across a few sources stating this (attachments).
- Thread starter Alltimegreat
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Citizenship Renunciation
I don't see why anyone would want to do this, but just out of curiosity, is DR citizenship renunciation actually not permitted in most cases? I've come across a few sources stating this (attachments).
I believe there is another law that if a Naturalized DR Citizen is outside the country for more than 10 years, they lose DR Citizenship.
Rarely enforced and requires the President's signature (from memory).
Some English text, but I don't have the law on hand:
'The President can revoke the nationality to any person who (i) within the first year of obtaining the nationality changes their address to another country; or (ii) if they have left the country and has not returned in ten years. The interested person will have to later pay the publication rights of the Decree in which the President grants the nationality to him.'
Another law (no cites) states:
'The President can revoke the nationality to any person who within the first year of
obtaining the nationality changes their address to another country.'
I'm guessing you'd need to read up on Article 11 of the Dominican
Constitution (Citizenship Laws).
I believe voluntary renunciation is possible via Article 11, but I'm sure would be a bureacratic nightmare.
Rarely enforced and requires the President's signature (from memory).
Some English text, but I don't have the law on hand:
'The President can revoke the nationality to any person who (i) within the first year of obtaining the nationality changes their address to another country; or (ii) if they have left the country and has not returned in ten years. The interested person will have to later pay the publication rights of the Decree in which the President grants the nationality to him.'
Another law (no cites) states:
'The President can revoke the nationality to any person who within the first year of
obtaining the nationality changes their address to another country.'
I'm guessing you'd need to read up on Article 11 of the Dominican
Constitution (Citizenship Laws).
I believe voluntary renunciation is possible via Article 11, but I'm sure would be a bureacratic nightmare.
Looks like my above comments are out of date and there was a New DR Constituion in 2015?
https://www.constituteproject.org/constitution/Dominican_Republic_2015.pdf?lang=en
All I can find in the above is:
Article 23: Loss of the rights of citizenship
•Conditions for revoking citizenship
The rights of citizenship are lost by irrevocable condemnation in cases of treason, espionage, conspiracy as well as for taking up arms and for aiding or participating inattempts of deliberate damages against the interests of the Republic
https://www.constituteproject.org/constitution/Dominican_Republic_2015.pdf?lang=en
All I can find in the above is:
Article 23: Loss of the rights of citizenship
•Conditions for revoking citizenship
The rights of citizenship are lost by irrevocable condemnation in cases of treason, espionage, conspiracy as well as for taking up arms and for aiding or participating inattempts of deliberate damages against the interests of the Republic
So theoretically a naturalized citizen could just spend one day in the DR every 10 years to avoid the risk of losing citizenship?
The Naturalization Law (number 1638-44) hasnt been replaced or eliminated by the Dominican Constitution. While it is true that the Government could revoke a naturalization, it can only do it under certain circumstances. For example, if it was obtained through illegal or an irregular process or the naturalized acts against the State, changes their address, or lives in another country for ten years after obtaining the nationality, as mentioned by RepDom.
This part of the naturalization law has not been modified or changed since 1958. You can find the other causes in article 12 and 16 of the law. https://dgii.gov.do/legislacion/leyesTributarias/Documents/Otras Leyes de Interés/1683.pdf
This is different from a naturalized person renouncing the Dominican nationality before the Executive brach of the Goverment, which the law doesn't prohibits. They could approve it only if he/she has another citizenship or nationality to fall back on as it is forbbiden by international treaties (which the DR is signatary) for a person to be left without a nationality and the protection from a country. The first link Alltimegreat sent applies to people who obtained the nationality by being born in the DR with non-citizen parents (for example legal residents) and enables them to renouce the Dominican nationality and left with the parent's nationality. The other link is confusing because its says that theses countries 'dont allow renouncing of dual citizenship' but it may allude to the first part of this paragraph: you need to have at least one nationality.
On the other hand, the article 23 RepDom mentioned pertains to the loss of the civil duty and rights of a citizen, not the nationality. For example the loss of the ability to vote.
This part of the naturalization law has not been modified or changed since 1958. You can find the other causes in article 12 and 16 of the law. https://dgii.gov.do/legislacion/leyesTributarias/Documents/Otras Leyes de Interés/1683.pdf
This is different from a naturalized person renouncing the Dominican nationality before the Executive brach of the Goverment, which the law doesn't prohibits. They could approve it only if he/she has another citizenship or nationality to fall back on as it is forbbiden by international treaties (which the DR is signatary) for a person to be left without a nationality and the protection from a country. The first link Alltimegreat sent applies to people who obtained the nationality by being born in the DR with non-citizen parents (for example legal residents) and enables them to renouce the Dominican nationality and left with the parent's nationality. The other link is confusing because its says that theses countries 'dont allow renouncing of dual citizenship' but it may allude to the first part of this paragraph: you need to have at least one nationality.
On the other hand, the article 23 RepDom mentioned pertains to the loss of the civil duty and rights of a citizen, not the nationality. For example the loss of the ability to vote.
Thanks for that explanation.
With regard to living in another country for 10 years after naturalizing, does the government judgw this based only on the naturalized citizen's registered address, or does the government check if the person was actually living in the DR full time in these 10 years?
CynthiaCom's answer is correct. By the way, Cynthia is an immigration lawyer working at our firm (Guzmán Ariza).
That type of verification system (if it exists) is something handled directly and internally by the naturalization department, with direct communication with the Immigration office as well as the National Registry Junta Central Electoral of the Dominican Republic. They are also informed by third parties which could initiate this investigation, which could cause the revocation of the naturalization or the denial of the application.
As of yet, this administration hasn't revoked any naturalizations for these reasons.