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Immigration and Overstay Issues

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planner

It's an administrative workaround. It was created to stop overstay fees being stolen.  It's not a legal workaround.


I agree 100% we need a snowbird type visa of 3,4,5 or 6 month durations!

Papito NL


    @windeguy
Not sure the 30 day driving is illegal after 30 days if you extend your stay via the DGM portal.

Since there are options to extend your tourist card/stay via DGM portal up to 120 days.

Guess a question for the lawyer..As laws here change on a dime..
   

    -@CHRISTOPHER DAVID56


Actually,  according to the traffic law a non-legal resident can drive up to 6 months with an international drivers license!

(Law 63-17 section4 art.29 paragraph2)


So Windeguy, this is just an example that shows the discrepancies in the laws and why workarounds are created to work with them. As you know the exact letter of the law is not how it is used in reality. Whether that is a good or bad thing is an endless discussion.


it would be more interesting to find out how they managed to put these illegally placed overstay pay booths in the most secured areas in this country!

ddmcghee

Actually,  according to the traffic law a non-legal resident can drive up to 6 months with an international drivers license!
(Law 63-17 section4 art.29 paragraph2)

    -@Papito NL


I've downloaded from INTRANT and translated all of Ley 63-17 and I cannot find the section you're referencing. I've searched for section 4 (in the first instance - Financial Regime and Assets, Art 29, p2 is on the power of the National School of Road Safety to define their curriculum; second instance - Transportation of Children - doesn't have Art 29; third instance - Vehicle Rental - also has no Art 29; fourth instance - Motor Vehicle Insurance Policy - has no Art 29) and Article 29 (there is only one - on the powers of the National School of Road Safety.) I also searched on other terms (6, six, months, international, foreign, etc.) and haven't been able to find anything addressing this.


Can you please cut and paste the section where you found that?

planner

Papito  please update us.  That is not correct and as far as I know never has been.  I have been here almost 21 yars!

windeguy


    Papito  please update us.  That is not correct and as far as I know never has been.  I have been here almost 21 yars!        -@planner


What Papito found was the remant of old laws.  I also saw that once when doing a search and then found the new laws that are in force now which are posted above and are directly from the government web site.  If you look in those new driving laws, you will not see 6 months of validity for a foreing license anywhere any more.


On top of that I asked the question on how long a foreign license is valid of the manager at the INTRANT office and a lawyer who deals with immigration.  Both told me 30 days for foreign license validity.  Drive past that at your own risk.



The overstay fines are an extra legal work around that are not based in laws.  The government still accepts that overstay fine and even increased them farily recently.  Maybe some day they will actually enforce the laws regarding immigration.

planner

That matches what I was told by lawyers and insurance company executive. 30 days.


Drive at your own risk.

Papito NL

Sorry, these references are in decree 16-9 from 2019 which are the enabling regulations for ley 63-17. It has become a bit confusing to me!


Párrafo II. Si su titular no acreditara la residencia legal en República Dominicana, las

licencias internacionales solamente serán válidas para conducir en la República

Dominicana si no han transcurrido más de seis (6) meses desde su entrada en territorio

dominicano en situación regular.

windeguy


    Sorry, these references are in decree 16-9 from 2019 which are the enabling regulations for ley 63-17. It has become a bit confusing to me!Párrafo II. Si su titular no acreditara la residencia legal en República Dominicana, laslicencias internacionales solamente serán válidas para conducir en la RepúblicaDominicana si no han transcurrido más de seis (6) meses desde su entrada en territoriodominicano en situación regular.        -@Papito NL


The new traffic laws no longer refer to the enabling regulations like the old traffic law did.  Hence the enabling regulations no longer apply.   It is confusing, even for some lawyers.

ddmcghee

@Papito NL - Thanks for the clarification.


This is all clear as mud! 1f602.svg Luckily, they don't ask questions like this on the exam!

windeguy


    @Papito NL - Thanks for the clarification. This is all clear as mud! 1f602.svg Luckily, they don't ask questions like this on the exam!        -@ddmcghee


The statutes that papito posted are not part of the new traffic laws.  So they  no longer apply.

That is why the Manager at Intrant and lawyers that actually understand the current driving and licensing laws  are saying you can drive legally for 30 days on a foreign license. 

windeguy


    It's an administrative workaround. It was created to stop overstay fees being stolen.  It's not a legal workaround.
I agree 100% we need a snowbird type visa of 3,4,5 or 6 month durations!
   

    -@planner


Dr Fabio Guzman posted that the existence of paying money before leaving the DR after overstaying a tourist card was "an extra legal workaround" to the actual immigration laws of the DR.  His words, not mine.

windeguy


        @windeguyNot sure the 30 day driving is illegal after 30 days if you extend your stay via the DGM portal. Since there are options to extend your tourist card/stay via DGM portal up to 120 days.Guess a question for the lawyer..As laws here change on a dime..        -@CHRISTOPHER DAVID56

Actually,  according to the traffic law a non-legal resident can drive up to 6 months with an international drivers license!
(Law 63-17 section4 art.29 paragraph2)

So Windeguy, this is just an example that shows the discrepancies in the laws and why workarounds are created to work with them. As you know the exact letter of the law is not how it is used in reality. Whether that is a good or bad thing is an endless discussion.

it would be more interesting to find out how they managed to put these illegally placed overstay pay booths in the most secured areas in this country!
   

    -@Papito NL


What you pointed out regarding 6 months for driving is no longer applicable as I mentioned in a previous post.  The new traffic law does not refer to those statutes.  So they do not apply any more.

windeguy

Of course the laws we are talking about are selectively enforced if at all. I know people that live here on tourists cards and drive for years on their foreign licenses.  They get away with it.  So far.


I am interested in the letter of the law for a couple of reasons.


1) If someone driving after 30 days on a tourist card gets into and accident with me or a family member, their insurance is under no oblgation to pay for damages since they had no valid license here.   We would have to take such a case to court and that only ends well for lawyers.


2) People should be aware of what is legal and not legal. Then they can base their decisions based upon that and not the appearance of legality because "everyone else does it and gets away with it". 

rgwsf

@windeguy I was stopped a couple of times by traffic police (btw, watch your speed between Punta Cana and Santo Domingo).  1,000 peso did it all.  Just tell them the is rented (I do not speak Spanish, just little).  If you own the car it can be towed (happend to a friend) but mostly they ar elooking for a quick money.  The usually start at 4,000 peso but 1,000 (I did not have smaller bills) did it

rgwsf

@windeguy Actually good point.  I should consult the insurance agent about it.  Thnak you for brining it up.

planner

Your insurance agent will likely tell you what they think you want to hear. They are interested in you keeping  your policy NOT when it will actually pay out.  NOTE - there are a few who will stand by you and tell you the truth.

rgwsf

@planner  Thank you very much.  Will keep it mind.

KerinaS

@planner

i am looking at how i can stay in the DR for 3 months and then return to the US for a month, repeatedly.  This is a medical issue for me, needing meds in the US.  Is officially applying to stay longer every time I come down the only way to be here legally, after 30 days?  Or is there some kind of visa I can apply for?   I am over 65 but not yet retired, and do not want residency here, just repeated entry-exit permission for longer stays than 30 days!

CHRISTOPHER DAVID56

@KerinaS

It's a workaround only


rfmaurone

@planner

Once again (not keeping count but it's probably over 100 times) I agree!


B:)

rfmaurone

@windeguy

I wish more people understood this.

rfmaurone

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