On December 19, 2023, the Government of Dominica unveiled the Commonwealth of Dominica Citizenship by Investment Regulations 2023, ushering in significant changes to the application procedure. In this comprehensive guide, we will delve into how these revisions affect the process of acquiring Dominica Citizenship through Investment.
Redefining Dependents
The 2023 Regulations bring about a critical shift in the definition of dependents. Previously, dependents were required to be "substantially" supported by the investor; however, the new rules mandate that they must now rely on the investor "fully." Additionally, these dependents are now specifically required to be students, as outlined in Clause 2 (d) and Clause 4 (15) of the regulations.
Clause 2 (d)
According to Clause 2 (d), a dependent is defined as "a child of the main applicant or the spouse of the main applicant between the ages of eighteen and thirty, who is currently enrolled in a recognized institution of higher learning and is fully supported by the main applicant or the spouse of the main applicant."
Clause 4 (15)
Under the section titled "Qualifications, general requirements, and procedures," Clause 4 (15) stipulates that "an applicant applying as a dependent of a main applicant between the ages of eighteen and thirty, who is currently enrolled in a recognized institution of higher learning, must provide official transcripts from the institution or a letter signed and stamped by the competent authority confirming the applicant's existing enrollment."
Denial of Citizenship
The 2023 Regulations introduce new provisions that impact eligibility for Dominica Citizenship by Investment. Two clauses in particular, Clause 5 (1) (d) and Clause 5 (1) (e), can lead to the denial of citizenship applications.
Clause 5 (1) (d)
Under Clause 5 (1) (d), the Dominica Citizenship by Investment Unit has the authority to reject an applicant who "has previously been denied a visa to the European Union, United Kingdom, United States of America, or Canada and has not subsequently obtained a visa or residence permit for any of these countries."
Clause 5 (1) (e)
Clause 5 (1) (e) empowers the Citizenship by Investment Unit in Dominica to withhold approval for an investor who "has been denied a visa to a country with which Dominica has visa-free travel and has not subsequently obtained a visa or residence permit for that country."
Mandatory Interview Fee Confirmation
In an earlier development in 2023, Dominica introduced mandatory interviews for all applicants and dependents aged 16 and above. The latest regulations formalize the $1,000 fee for each interview, as outlined in Clause 3 (C) (III).
Clause 3 (C) III
Regarding "FEES AND CONTRIBUTIONS," Clause 3 (C) III explicitly establishes the "one thousand United States dollars interview fee per interview."
Revoking Citizenship
As part of an effort to make the citizenship program more exclusive, Dominica has implemented measures to strip citizenship from investors who violate certain conditions. The relevant clauses are Clause 5 (4) and Clause 5 (5).
Clause 5 (4)
Clause 5 (4) states that "an individual who, within five years of receiving a certificate of naturalization, changes or attempts to change their name, except through marriage, may face the revocation of their Dominica Citizenship, in accordance with section 10(2) or (3) of the Act."
Clause 5 (5)
Furthermore, Clause 5 (5) specifies that "an individual who has been sentenced to imprisonment for a term of not less than 12 months in any country after obtaining naturalization may be deprived of their citizenship of Dominica."
Certainly, here are some pros and cons of the various aspects discussed in the article regarding the Dominica Citizenship by Investment Regulations 2023:
Pros:
Redefining Dependents
The 2023 Regulations bring about a critical shift in the definition of dependents. Previously, dependents were required to be "substantially" supported by the investor; however, the new rules mandate that they must now rely on the investor "fully." Additionally, these dependents are now specifically required to be students, as outlined in Clause 2 (d) and Clause 4 (15) of the regulations.
Clause 2 (d)
According to Clause 2 (d), a dependent is defined as "a child of the main applicant or the spouse of the main applicant between the ages of eighteen and thirty, who is currently enrolled in a recognized institution of higher learning and is fully supported by the main applicant or the spouse of the main applicant."
Clause 4 (15)
Under the section titled "Qualifications, general requirements, and procedures," Clause 4 (15) stipulates that "an applicant applying as a dependent of a main applicant between the ages of eighteen and thirty, who is currently enrolled in a recognized institution of higher learning, must provide official transcripts from the institution or a letter signed and stamped by the competent authority confirming the applicant's existing enrollment."
Denial of Citizenship
The 2023 Regulations introduce new provisions that impact eligibility for Dominica Citizenship by Investment. Two clauses in particular, Clause 5 (1) (d) and Clause 5 (1) (e), can lead to the denial of citizenship applications.
Clause 5 (1) (d)
Under Clause 5 (1) (d), the Dominica Citizenship by Investment Unit has the authority to reject an applicant who "has previously been denied a visa to the European Union, United Kingdom, United States of America, or Canada and has not subsequently obtained a visa or residence permit for any of these countries."
Clause 5 (1) (e)
Clause 5 (1) (e) empowers the Citizenship by Investment Unit in Dominica to withhold approval for an investor who "has been denied a visa to a country with which Dominica has visa-free travel and has not subsequently obtained a visa or residence permit for that country."
Mandatory Interview Fee Confirmation
In an earlier development in 2023, Dominica introduced mandatory interviews for all applicants and dependents aged 16 and above. The latest regulations formalize the $1,000 fee for each interview, as outlined in Clause 3 (C) (III).
Clause 3 (C) III
Regarding "FEES AND CONTRIBUTIONS," Clause 3 (C) III explicitly establishes the "one thousand United States dollars interview fee per interview."
Revoking Citizenship
As part of an effort to make the citizenship program more exclusive, Dominica has implemented measures to strip citizenship from investors who violate certain conditions. The relevant clauses are Clause 5 (4) and Clause 5 (5).
Clause 5 (4)
Clause 5 (4) states that "an individual who, within five years of receiving a certificate of naturalization, changes or attempts to change their name, except through marriage, may face the revocation of their Dominica Citizenship, in accordance with section 10(2) or (3) of the Act."
Clause 5 (5)
Furthermore, Clause 5 (5) specifies that "an individual who has been sentenced to imprisonment for a term of not less than 12 months in any country after obtaining naturalization may be deprived of their citizenship of Dominica."
Certainly, here are some pros and cons of the various aspects discussed in the article regarding the Dominica Citizenship by Investment Regulations 2023:
Pros:
- Clarity on Dependents: The revised regulations provide a clear definition of who qualifies as a dependent, ensuring that applicants and their families understand the eligibility criteria.
- Enhanced Investment: By requiring dependents to be students and financially dependent "fully" on the main applicant, the program aims to attract investors who genuinely contribute to the country's educational and economic sectors.
- Visa Denial Criteria: The introduction of clauses like Clause 5 (1) (d) and Clause 5 (1) (e) prevents individuals with questionable immigration histories from obtaining Dominica citizenship, ensuring the integrity of the program.
- Mandatory Interviews: The requirement for mandatory interviews adds an extra layer of scrutiny to the application process, potentially reducing the risk of fraudulent applications.
- Revocation Measures: The clauses related to revoking citizenship within five years for name changes and imprisonment sentences strengthen the program's commitment to maintaining the reputation and quality of its citizens.
- Stringent Dependency Requirements: The stricter dependency requirements, such as full financial dependence and being a student, may limit the pool of eligible dependents and potentially discourage some investors.
- Visa Denial Impact: While the visa denial criteria may protect the program's integrity, it could also affect individuals who have been denied visas for various reasons, including administrative issues.
- Interview Costs: The mandatory interview fee of $1,000 per interview can add a significant financial burden to applicants, increasing the overall cost of the citizenship process.
- Revocation Consequences: The clauses for revoking citizenship due to name changes or imprisonment may be seen as harsh and may deter some potential investors who fear the risk of losing their citizenship in certain circumstances.