Residency - General Information and Summary 2012
Residency - General Information and Summary 2012 | Immigration and Residency
COSTA RICA RESIDENCY SUMMARY FOR
2011-2012
Updated on April 5, 2012
The Costa Rica Immigration Law is Law # 8764 which is in full force and
effect and all information contained in this Residency Summary is based on
Law 8764 its regulations and Immigration Directives.
TRAVELING
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:
TEMPORARY
RESIDENCY
Most of the applications for Costa Rican
residency will fall into the Temporary Residency category which is
regulated by Article 79 of the new law and has the following
subcategories:
(1) The Spouse of a Costa Rican citizen
as set forth in Article 73 of the law.
(2) Those of religious orders for
religions that have been accredited by the Ministry of Foreign Relations
and Culture
(3)
Executives, Managers, Technical Personnel for Corporations which are
established in the country. This may also include those specialized
workers that are independent workers but whose technical expertise is
required and the Department of Immigration as set forth the criteria to
allow that specialty to work in Costa Rica.
(4) Investors
(5) Scientific, Professional and
Specialized persons.
(6) Sports figures recognized by the
National Council on Sports and Recreation
(7) International Press Correspondents
(8) Rentistas
(9) Pensionados
RETIREMENT OR INCOME
BASED RESIDENCY 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 current
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
immigration law 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 document 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 government
agent. 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 Rica when they have been certified
by the Ministry of Foreign 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. The form below is a
copy of the receipt that you will be issued.
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.
Residency
Identification Card
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 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.
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 Certified 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 certificate 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.
WORKING IN COSTA RICA
In order to work in Costa Rica you must
either have Permanent Residency or have a work permit that allows you to
work.
If you have a Temporary Residency category
you may only "carry out remunerated work or business activities on your
own which are authorized by the Department of Immigration". The work
authorization shall be based upon the criteria developed by the Ministry
of Labor and Social Security along with other criteria of the Department
of Immigration.
Article
18 section (20) of the Immigration law authorizes the Immigration police
to investigate the immigration status of foreign workers and to that end
they may "enter upon their place or work during business hours, check
passports, residency status, work permits as well as any other
identification document in order to determine any violations of the
law."
The
content of this Residency Summary is copyrighted and may not be reproduced
or copied in any way or form without the express written permission of
the copyright holder. Roger A. Petersen