Immigration and
Legal Residency In Costa Rica
TRAVELLING TO COSTA RICA
The requirements to enter Costa Rica
depend on your country of nationality. Generally, citizens of the
United States, Canada and the European Union countries do not require a
visa to enter Costa Rica. Those citizens can enter Costa Rica
with
their valid passport and remain in the country for up to a maximum of
90 days.
Visa renewal. If you are under the 30 or 60 day
category then the
law allows you to apply for an extension of up to 90 days.
If you
have a 90 day visa the law does not allow you to apply for an extension
in Costa Rica you must leave the country and re-enter to obtain another
tourist visa.
The amount of time that a Tourist can remain in Costa Rica is based
upon their country of origin. Costa Rica ranks countries for visa
purposes into 4 categories set forth below:
GROUP ONE.
Those countries designated as Group One may enter Costa Rica without an
entry Visa and may remain in Costa Rica for up to 90 days.
Example: United States Canada, European Union, Australia, Brasil,
GROUP TWO:
Citizens of Group Two countries may enter Costa Rica without an entry
Visa and may remain in Costa Rica for up to 30 days.
Example: Belize, Guatemala, Honduras, El Salvador, Venezuela
GROUP THREE:
If you are a citizen of a Group Three country you need to obtain an
entry VISA from a Costa Rican Embassy or Consulate abroad before you
enter Costa Rica. If granted it is for a period of 30 days.
Example: Colombia, Ecuador, India, Nicaragua, Peru
GROUP FOUR:
This is the most restrictive category. This means that citizens
of
Category Three Countries must have an entry visa BEFORE they are
allowed to enter Costa Rica. The visa must be reviewed by the
Director
of Immigration before it can be granted. If granted the
visa is for a
period of 30 days.
Example: Cuba, Jamaica, China, Iran, Iraq.
You can download the current visa list by clicking on the following
link: Circular
DG-3312- Visa Entry Requirement List
Your Passport Entry
Stamp:
While you are in Costa Rica your passport and the immigration stamp
that was placed in it when you entered the country is your proof of
legal status. The Immigration Department allows you to carry a
copy of
your passport with the entry stamp so that you can keep your passport
in a safe place.
RESIDENCY
IN COSTA RICA
All residency applications are
processed by the Costa Rican Department of Immigration (Direccion General de Migracion y
Extranjeria) which in turn is overseen by the Ministry of Public
Security and Police (Ministerio de
Gobernacion, Policia y Seguridad Publica).
In the past the Department of Immigration required that applications
be filed in your country of origin through the Costa Rican
Consular
Office in your area. Under the current law the Department of
Immigration will accept applications filed in Costa Rica directly with
the Department of Immigration. However, if you file in Costa Rica
as
opposed to outside of Costa Rica then, in addition to the $50
application fee you will be charged an additional $200 fee for a change
of status fee.
You will still need to interact with the Costa Rican Embassy or
Consular Office in your home country to have you documents
authenticated. If your country is a signatory to the Hague
Convention
on the Legalization of Foreign Documents then your certified documents
should be "Apostilled" in your country of origin and may be sent
directly to Costa Rica to the Ministry of Foreign Relations for
authentication thus skipping the Embassy/Consular authentication
process.
See the following article on the Legalization
of Documents for Countries that are members of the Hague Convention.
For list of Embassy and Consular Offices of Costa Rica around the world
see the list on the Ministry of Foreign Relations site: Embassy
and Consular List.
Be advised that the residency procedures change from time to
time.
Since Costa Rica has become an attractive destination for many the
processing of immigration applications at time has overwhelmed the
Immigration processing system. As such, there are
considerable delays
in processing new applications. Also, the approval of residency
is a
discretionary matter of the Department of Immigration. The
Department
of Immigration favors applicants that can demonstrate that they will
provide a financial benefit and contribute to create employment for
Costa Rica citizens either in the form of direct investment (investors,
entrepreneurs) or indirect investment (Rentista and Pensionados)
.
The Residency options available in Costa Rica under the current
immigration law (8764) are discussed below:
RETIRING IN COSTA RICA
Pensionado and Rentista Residency
Costa Rica has had a Pensionado (Retiree) and Renitsta program for more
than 40 years. This program continues to date as follows:
If you are planning to retire in Costa Rica and you have a pension or
investment income then you may qualify for either PENSIONADO RESIDENCY or RENTISTA RESIDENCY. This
program is governed by the New Immigration Law which confers residency
status as follows:
1. PENSION BASED RESIDENCY
[Pensionado]
The Pensionado (Retiree) applicant must demonstrate a permanent
fixed
income from a pension or similar retirement income of at least US$1,000
per month. The typical applicant in this category has a government,
private sector pension or social security retirement benefits. The
legal basis for the pensionado category under the new immigration is
Article 81 of Law 8764.
2. INVESTMENT AND INCOME BASED
RESIDENCY [Rentista]
To apply for residency under the Rentista portion the applicant must
demonstrate a permanent fixed income of at least US$2,500 per month.
This amount includes the applicant, their spouse and all their children
which are under the age of 25. The legal basis for the rentista
category under the new immigration is Article 82 of Law 8764
Generally, those who seek the Rentista category do not have a pension
source and instead have investment income. To apply for this category
it is necessary to provide proof of the investment and that it will
generate the requisite amount per month which is required under this
program. As such the applicant must provide a letter from their bank or
financial institution where your funds are deposited certifying the
existence of that income. It is not required that the funds be held in
Costa Rica. The letter can be issued by international banks as well as
Costa Rican banks.
The ideal letter issued by the financial institution should state that
the recipient will receive at least US$2,500 per month in Costa Rica in
a stable and permanent manner.
In both cases, Pensionado and Rentista the beneficiaries must comply
with the following:
Prove that the funds were deposited in Costa
Rica. This issue
generally comes up when you are going to renew your residency
category. When you renew your status you will be asked to provide
proof that the funds have been sent to Costa Rica. As such
keep
records of all deposits until you complete your renewal of
status. The
easiest way to comply with this requirement is to ask your bank to
issue a letter stating that you have an account with them and
indicating that during the year you have exchanged the amount required
by the immigration law i.e. $12,000 per year for Pensionado or $
30,000 per year for Rentista.
Contribute to the Social Security System of
Costa Rica. The
current Immigration law (8764) requires that all residency holders must
contribute towards the Costa Rican Social Security and Medical System
(C.C.S.S.) The easiest way to comply is to request a
voluntary policy
known as seguro voluntario. The amount you pay is based upon the
amount of income you report. Since the law establishes the
monthly
requirement i.e. $1,000 for Pensionado and $2,500 for Rentista those
are the amounts they will base the payment on. For
Pensionado that
generally translates into a monthly social security payment of around
$50 per month..
A. The Rentista and Pensionado Application
Process
The application for Rentista or Pensionado status can be filed through
the Costa Rican Embassy or Consular office in your country of origin or
directly at the offices of the Department of Immigration in Costa
Rica. Before the application can be prepared the applicant must
compile all the supporting documentation that is required for the
application as follows:
1. Birth
Certificate:
You must provide a certified copy of your birth certificate and that of
your dependents. The certified copy must be sent to the Costa Rican
consulate for your jurisdiction for authentication. The consulate
charges US$40 for each document to be authenticated. Be advised that
the Department of Immigration will not accept any supporting
documentation which has not been authenticated by a Costa Rican Consul.
2. Marriage
Certificate:
If you are married and your spouse will be applying with you
as well
then you will also have to provide a certified copy of a marriage
certificate. The certificate must also be authenticated by a Costa
Rican Consulate.
3. Proof of Income:
If your source of income is a government pension then obtain a letter
from your government certifying the income (US citizens on Social
Security can obtain this letter from the United States Embassy
-Consular Section in Costa Rica).
If the income is from a Bank or Financial Institution then it must
issue the letter. All documents should be authenticated by the Costa
Rican Consulate.
4. Police
Certificate of Good Conduct:
This certification is obtained from the police department where you
last resided. This certification also needs to be authenticated by a
Costa Rican or directly with the Ministry of Foreign Relations
Consulate if the issuing country is a member of the Hague Convention on
the Legalization of Foreign Documents. Note that this certificate is
only valid for 6 months from the date they are issued. If this document
expires while you are pulling together the rest of the documentation
then you will have to obtain another one. If the document
expires
after you have submitted it to immigration and they have not processed
your obligation you will NOT have to submit another one.
5. Finger Prints
for Interpol Background Check:
This step is done in Costa Rica at the Ministry of Public Security. The
applicant will be finger printed in Costa Rica and the prints will be
checked with Interpol. You must take at least 2 photographs
facing
front and 2 face to the side.
6. Photographs: The
application requires photographs during the various stages of
processing and we recommend that you take at least 4 photographs facing
the front.
7. Photocopy
of Your Entire Passport.
With your application you will need to provide a complete copy of your
passport. This means every single page from front cover to
back. You
will also require a very clear copy of the date of the immigration
stamp where you entered the country.
8. Translation of
Documents:
Once you have compiled all your documentation, all documents which are
in English must be translated into Spanish. This procedure can
generally be handled by the Attorney that you have retained to process
your application.
9. Power of
Attorney for Representation.
If you have hired an Attorney to process your application you will have
to confer upon them a Power of Attorney to act on your behalf before
the Department of Immigration.
10. Background
Information Sheet (Hoja de
Filiacion). This form requests the personal background
information of the applicant and must be attached to the application.
You can download the form here: Formulario
de Filiación in PDF or in image format Formulario
de Filiacion
11. Proof
of Registration With Your Local Embassy.
Your local Embassy in Costa Rica must provide you with a letter or
certificate indicating that you have registered with them.
This is
now a pre-requisite to the approval of immigration residency status in
Costa Rica.
As previously indicated all documents that are issued in your country
of origin such as a birth certificate, police certificate, marriage
certificate etc.. must go through the documenta legalization and
authentication process. This means the documents you will use for
the
residency process must first be be obtained from your vital records
office and then certified by your local authenticating govenment
agenty. In the United States that would be the Secretary of State
of
the state where the document was issued. In the case of Canadian
documents they can be legalized at the Foreign Affairs and
International Trade Office. In the case of European documents
they
must be legalized by the Foreign Relations office of the country where
they were issued. If your country is a member of the Hague
Convention
on the Legalization of Foreign Documents then you can skip the Costa
Rican Embassy / Consular authentication step.
The following is an example of a
Secretary of State authentication. Since the United States is a
member of the Hague Convention on the Legalization of Foreign Documents
this document could be sent directly to Costa Rica for
legalization.
Your
documents are ready for use in Costa Rican when they have been
certified by the Ministry of Foreing Relations The following is
what
the certification looks like. If your document does not have a
certification from the Ministry of Foreign Relations it cannot be
used
in Costa Rica. The Embassy/Consulate charges $40 for each
document
authentication.
Once
you have all the documentation set forth above you are ready to submit
your application to the Department of Immigration through the Costa
Rican Consulate in your country of origin. The cost of the
application
is $50 which must be paid to the Department of Immigration. by way of
deposit to their account at the Banco de Costa Rica. If you apply
locally instead of via your Consular office you will have to pay an
additional $200 with your application since they consider this a change
of status from a "tourist" status to the new category you are applying
for. Generally the Department of Immigration will only
receive
applications that are accompanied with ALL the supporting
documentation. Keep in mind that all the original documents that you
submit become the exclusive property of the Department of
Immigration
and will NOT be returned to you.
Within the application process you will be required to provide the
Department of Immigration with the following information:
1. Full Name, 2. Nationality, 3.
Occupation, 4. Name of your
Father, 5. Name of your Mother, 6. Name of your Spouse, 7. Race,
8.
Color of your Eyes, 9. Color of your hair, 10. Your height (in meters),
11. Your weight (in kilos), 12. Marital Status, 13. Place of Birth, 14.
Date of Birth, 15. Original Entry Date into Costa Rica, 16. Point of
Entry into Costa Rica, 17. Physical Address in Costa Rica, 18.
Telephone number in Costa Rica.
Once
you application is received you will be given a receipt. This
receipt
is important since it is your proof that you have a pending residency
application with the Department of Immigration. Your application
first
goes to the Legal Department within Pensionado/Rentista Section of the
Department of Immigration who will review all the documentation for
compliance. If all your paperwork is in order the Legal
Department
will forward the application to the approval committee for final
evaluation. If there are any defects in the application the Legal
Department will notify your legal representative of the defect and
request that it be corrected before it will submit the application for
approval.
If your application is approved
then
the Department of Immigration will issue a formal resolution indicating
the date on which the application was approved. You or your legal
representative must appear at the Department of Immigration for
formally retrieve the resolution. Once you have the final resolution
and have registered with the Costa Rican Social Security System (CCSS)
then you can request an appointment with the Department of Immigration
to have them issue you a picture identification residency card.
Below
is a copy of the Document Receipt Form
B. Renewal
of Pensionado/ Rentista
In order to renew you residency status under this category you must
first must demonstrate that the income was received in Costa Rica.
The
renewal process has greatly improved since the Department of
Immigration created an alliance with Banco de Costa Rica one of the
largest banks in Costa Rica. As such residency holders can renew
their
residency status at some of the branch offices of Banco de Costa Rica.
To do so you call their 900 number which is 900-00-34639 to
request a
renewal appointment. They have English speaking phone operators
if
you request it.
INVESTING IN COSTA
RICA
THE INVESTOR PROGRAM
[Inversionista]
THE INVESTOR PROGRAM [Inversionista]
The
Investor Category requires an applicant
to demonstrate to the Department of Immigration that they will be
coming to
Costa Rica to invest in the country. The
current Immigration Law maintains the investor category which had
existed in
previous immigration laws. The category
is found in Article 79 (4) of the law.
In the past the law specifically
excluded
personal investments such as purchase of home, lots or buildings to
qualify for
this category. Subsequently on August
28, 2009 the Director of Immigration issued Circular
UPI-239-2009-LAS
which modified the types of investment that could be made to qualify
for this
category.
That circular states as follows:
“The
investment amount must be $200,000
United States dollars or more according to the official exchange
rate
which is established by the Central Bank of Costa Rica.
The investment can be made in tangible property,
shares, negotiable
instruments, productive projects or projects which are deemed of
national
interest”
In January of 2011 the government
published
the proposed regulation to the Immigration law and it adopts the
flexibility in
this category to be able to qualify with the purchase of “tangible property, shares,
negotiable instruments, productive projects or projects which are
deemed of
national interest”
The door appears to be opening for new
investor based applications. As more
applications go through the process we will have a better criteria for
how they
are ruling on these applications.
Also bear in mind that the granting of
Inversionista category is a discretionary matter with the Department of
Immigration. It requires financial
statements audited by a Certified Public Accountant to document the
financial
investment plan proposed.
IMMEDIATE
RELATIVE PETITION
This category of residency is
available to foreigners who are immediate relatives of a Costa Rica
citizen.
1. Who is an Immediate Relative
for Purposes of the Law
Those who are related in the First Degree with a Costa Rican
citizen.
The law recognizes the following to qualify:
i. Parents of Costa Rican citizens,
ii. The minor children of a Costa Rican citizen.
iii. The children of a Costa Rican citizen that has a disability
regardless of age.
iv. Minors which are siblings of a Costa Rican citizen or
siblings that have a disability of any age.
2. The Spouse of a Costa Rican
Citizen
The procedure by which a Spouse of a Costa Rican citizen may
process
residency is one of the significant changes in the new immigration law.
Under Article 73 and 79 (1) of the new immigration law the Spouse of a
Costa Rican citizen is no longer allowed to apply for Permanent
residency status. A Spouse must first apply under the Temporary
residency category.
This is a response to massive marriage fraud cases that have been
uncovered whereby foreigners would pay Costa Rican citizens to marry
them in order to obtain permanent residency.
Under the new law the spouse of a Costa Rica citizen will be given
Temporary immigration status for one year and renewable for additional
one year periods so long as the immigration authorities do not
determine that the marriage is a sham. After 3 years of marriage
and
with Temporary Residency status then the spouse may apply for Permanent
Residency
The applicant must provide the following supporting documentation:
1. Birth Certificate: You must provide a certified copy of your birth
certificate and that of your dependents. The certified copy must be
sent to the Costa Rican consulate for your jurisdiction for
authentication. The consulate charges US$40 for each document to be
authenticated. Be advised that the Department of Immigration will not
accept any supporting documentation which has not been authenticated by
a Costa Rican Consul.
2. Proof of Relationship to Costa Rican Citizen: If you are basing your
petition on marriage then you must have a Cetified copy of the marriage
certificate issued by the Civil Registry. If you are a parent or
sibling to a Costa Rica citizen then provide the Certified birth
certifcate of the relative. You must also provide a certified
copy of
the identification document of the Costa Rican relative.
3. Police Certificate of Good Conduct: This certification is obtained
from the police department where you last resided. This certification
also needs to be authenticated by a Costa Rican Consulate. Note that
this certificates is only valid for 6 months from the date they are
issued. If this document expires while you are pulling together the
rest of the documentation then you will have to obtain another one.
4. Fingerprints for Interpol Background Check: This step is done in
Costa Rica at the Ministry of Public Security. The applicant is finger
printed and the fingerprints are run through the Interpol computer
index.
5. Photographs: The application must provide 4 photographs facing
towards the front.
6. Translation of Documents: Once you have compiled all your
documentation, all documents which are not in Spanish must be
translated to the Spanish language.
7. Register with the Embassy of your Country of
origin. You must
register with your Embassy and provide proof to the Department of
Immigration.
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