Friday, December 6, 2013

EXECUTIVE ORDER ESTABLISHING THE TERMS AND CONDITIONS FOR THE LEGALIZATION OF ALL FOREIGNERS CURRENTLY LIVING IN THE DOMINICAN REPUBLIC UNDER AN IRREGULAR STATUS

The Embassy of the Dominican Republic has the honor of informing about Executive Order 327-13. President Danilo Medina signed the Decree on November 29, establishing the terms and conditions for the legalization of all foreigners currently living in the Dominican Republic under an irregular status. The measures mainly benefit Haitian immigrants and all those that lack legal documents because of their own negligence, or financial reasons and bureaucratic costs. The Dominican government is simplifying and expediting procedures as well as drastically reducing costs for applicants who wish to adhere to this 18 - month plan timeframe. Those that meet any of the minimum requirements established will be included in the Plan. This measure fulfills the mandate of the General Immigration Law 285-04 and the provisions of the Constitutional Court ruling TC/0168/13. In order to be incorporated in the plan, foreigners living in the country must prove to have ties with Dominican society, such as having had children born in Dominican territory, knowing how to speak and write in Spanish, residing at a fixed address and not having a criminal record. There are also provisions for those who attest to owning property, having bank accounts, holding a job or specializing in a skill. Only those who choose not to adhere to the plan will have the choice for assisted repatriation or will be subject to deportation. The foreigners eligible for the Plan are those who: 1) Entered the country illegally, in violations of the norms established in the Dominican legislature and immigration jurisprudence and have remained in the country; 2) Entered the Dominican Republic legally and their irregular status is due to a) having exceeded the allotted time to remain in the country; or b) having violated the conditions that allowed for their admission or residence. The Medina Administration also announced that, in the coming weeks, it will submit a bill to Congress to naturalize people born in the Dominican Republic and also update the mechanisms on immigration and nationality with clear and consistent rules that will ensure the legal security of individuals that reside in the country. Any foreign person that decides to benefit from this Plan must come forth within the next eighteen (18) months of the enactment of the same, expiring the May 31st, 2015. The Dominican government will also provide a public education campaign in Spanish and Creole to motive inclusion and explain the benefits of the Plan. The time period for a decision on any application in not longer than forty five (45) days. In cases of refusal, a motivated explanation will be provided. The interested party or their legal representative shall be informed in writing of options for appealing the decision and their available alternative to achieve regular status. All information and documentation presented by the applicant in order to benefit from the National Regularization Plan will be confidential and for official use only.

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