Categories: Immigration Law
The Costa Rican State, through its immigration institutions, establishes procedures to legalize the entry of foreigners into the country. Therefore, the Migration and Foreigners Law, as well as the Organic Law of the Ministry of Labor of Costa Rica, have established that all foreign workers, without exception, require regular immigration status; that is, to comply with the requirements of permanence in the country that determine the laws for resident foreigners. Permits or applications must be submitted to Migration while the tourist visa is in force. Therefore, if you are thinking of Migrate to Costa Rica, the types of residences, the requirements to obtain residence and the benefits of this are described below.
Types of Residences in Costa Rica
In this context, the types of residence that people who migrate to Costa Rica can process are the following:
Permanent Residence: it is obtained by having a link with Costa Rica, or by having a temporary residence for more than 3 years; This is the only one who gives the freedom to work (as a salaried employee) and is free from condition. It is obtained by the foreign person, their spouse and their first-degree relatives by consanguinity who have enjoyed a temporary residence for three consecutive years, and to whom the Commission on Restricted Visas and Refuge grants such condition.
Temporary residences: These are for those who obtain income from abroad or can generate it in the country of their own (free professional practice) or through their own business (income, dividends). The change to permanent residence can be requested after 3 years.
Special Categories: These are not considered residences but permits to work, study or stay in the country (residence permits), but for a limited time. They do not allow you to apply for permanent or temporary residence, and at the end of the reason that motivated the permit you must leave the country or process another immigration category.
Asylum or Political Shelter: With this Residence, it favors the protection by the country as long as it has a valid cause and there are fears of persecution because of Gender, Race, Religion or Politics. Therefore, it is necessary to have evidence, backups of the declaration, and during the process they deliver temporary work permits. After 3 years of being approved, permanent residence can be requested.
How to Obtain Residences in Costa Rica
In Costa Rica, residences or special categories are managed in four large groups:
1. By link with Costa Rican or resident (spouse, siblings or minor children, parents)
2. By income: a. Rentier: $60,000.00, or $2,500.00 per month for two years. b. Investor: For investments over $200,000.00 and/or $ 100,000.00 in the case of investments in forest plantations. c. By Pension or Retirement: the amount of income must be greater than $1,000.00 per month and must be for life.
3. The third large group is dedicated to the labor part, under these regimes, companies or Costa Rican citizens can apply for work permits for foreign employees, only employers can apply for this type of residence. There are many subdivisions, but few of these have a positive resolution. There is the special regime of recognized company, that workers can request under expedited processes.
4. Student Permits. Special category for people who wish to study in Costa Rica, these types of permits are never transformed into residences or naturalizations.
Temporary Residence Requirements
Temporary Residence: Temporary residence is a temporary authorization to stay in Costa Rica, generally related to the way of obtaining income. The General Directorate of Migration will grant an entry and stay authorization for a defined period of time, exceeding ninety days and up to two years, and may be extended.
Temporary Residence as an Investor: For foreign persons who wish to invest own capital (amount equal to or greater than $200,000.00) in activities of economic and social interest in the country, as well as in movable property, real estate, shares or securities, and/or forest plantations for which he must demonstrate an initial investment of $100,000.00.
Temporary Residence as a Retiree or Rentier: For a foreign person who is in their country, receiving a monthly and life pension of at least $1,000.00 of origin and decides to reside in Costa Rica; or rentier person (who receives a stable and permanent income $2,500.00 per month). Their dependents may apply.
Temporary Residence by Entrepreneurs and Projects: if the foreign person works as:
• Executive, representative, manager or technical staff of a company registered with the General Directorate of Migration and Foreigners.
• Specialized employees on their own (either free of charge or professional practice), or with their own business and their dependents.
• Specialized technician and his dependents.
• Specialized Employee in relation to dependency and its dependents when said position or job cannot be covered by any Costa Rican or according to the recommendations of the MTSS (Ministry of Labor and Social Security)
If the foreign person acts as:
• Athletes and their dependents.
• Scientist, Professional, Intern and dependents
• Correspondent and Person of news agencies and their dependents
• Religious and dependents
• Temporary Residence by link with Costa Rican spouse
Special Categories: The General Directorate may authorize the entry and stay in the country of foreign persons through special migratory categories, in order to regulate migratory situations that, by their nature, require a different treatment from the rest of the migratory categories. Costa Rican immigration legislation calls work/study permits as Special Categories.
Temporary worker: The Directorate authorizes him/her to enter and remain in the country in order to develop temporary economic activities, at the request of an interested party and to migrate to Costa Rica, of the worker himself outside of it.
Cross-Border Worker: A foreign person from neighboring areas bordering Costa Rica, authorized by the Directorate to enter and leave the national territory in order to carry out salaried activities.
Obligation of Working Foreigners
It is the obligation of foreign workers to keep their documents in order and provide the necessary documentation to the employer at the time of the respective procedure before the DGME to migrate to Costa Rica. All residency procedures must be carried out while the tourist visa is in force.
Requirements to obtain Legal Residence in Costa Rica
• First, the person must visit as a tourist. Remaining as long as possible in the country. Costa Rica grants most nationalities three months of stay after arriving in the country.
• Applying to the Immigration Department of Costa Rica is also known as the General Directorate of Migration and Foreigners. The immigration department of Costa Rica is supervised by the Ministry of Public Security and the Police. It is necessary to complete Costa Rica’s application for residence and submit it to the Costa Rican Consular Office in your state or country.
• The official document that accredits you as a Legal Resident in Costa Rica is the DIMEX (Immigration Identity Document for Foreigners) with which, since 2008, the foreigners legally established in the country began to be provided. It consists of a twelve-digit identification with the photograph and signature of the bearer.
• The person applying for some type of residence enters Costa Rica with a tourist visa for a period of 90 days; You must cancel $200.00 for the change of category and $50.00 for the application.
• Basically, the requirements consist of having a job in accordance with the Labor Code, and the report of the workers to the Costa Rican Social Security Fund and the National Insurance Institute.
• If you will be traveling to Costa Rica from South America and/or Sub-Saharan Africa, you will need the Yellow Fever Vaccine.
Benefits of obtaining Legal Residence in Costa Rica
The practical benefits of obtaining residency or legal status in Costa Rica as a foreigner are very tangible, unlike some other countries:
• Access to social security (CCSS) and free medical assistance.
• Access to current accounts and credit services in Costa Rican banks with no greater limits than those imposed by law.
• Permission to participate in labor relations in some cases.
• Freedom of concern about the possibility of deportation at immigration checkpoints.
• In the future, qualify for the citizenship and of Costa Rican passport, once the requirements and deadlines stipulated by law are met.
At ERP Lawyers we have a team of professionals who are willing to provide you with the advice and support required so that you can know your eligibility and obtain your residence, as well as to carry out the process of Migrate to Costa Rica legally, with the lowest risk. Our lawyers will guide you throughout the residency process.
Contact us today to receive ethical and responsible advice on immigration law.