Nationality is defined as the legal link that unites individuals with the State. The nationality of costa rican is obtained by birth or by naturalization. Naturalization is the process by which the citizen of a State acquires the nationality of a second state, with which he has acquired some links resulting from the stay and residence maintained over time legally in that country; or for other reasons such as marriage and direct ancestry of parents, grandparents, among others.

It is the Costa Rican Political Constitution that initially regulates the way of obtaining nationality. Any person who wishes to obtain Costa Rican nationality must meet a series of requirements, which are specified in the Law.

Requirements to Obtain Costa Rican Nationality

Among the requirements, we find:

1.- Live a certain amount of time in Costa Rica, as a legal resident. The amount of years depends on the applicant’s citizenship. For Central American, Ibero-American and Spanish citizens by birth is five years, for the rest of the nationalities is seven.

2.- For people who have a family bond with a Costa Rican, the process to obtain residence is done through the General Directorate of Migration and Foreigners, who will be the entity that verifies the requirements, mainly that it is a real relationship.

They are required to provide some of the following documents: photographs, greeting cards, letters, plane tickets or travel reservations they have made together, the leases of the house they live in, legal documentation related to property they own together, children’s birth certificates, affidavits of friends and family, and any other suitable documentation that serves to discard a simulated marriage. In addition, the Migration and Foreigners Department will conduct an interview to verify that it is a real relationship. Likewise, the foreign person must provide the following requirements:

a. Birth certificate issued by the authorities of the country of origin.

b. Criminal record certification issued by the authorities of the country of origin.

c. Marriage certification issued by the authorities of the country of origin, if the marriage was not celebrated in Costa Rica.

d. Birth certificate of the children issued by the authorities of the country where they were born.
All documents that come from abroad must be duly legalized and apostilled, and at the time of submission they must not have been issued for more than six months.

Laws and Procedures for Naturalization Effects

Currently, Costa Rica has several laws and procedures for the effects of the procedure of naturalization.

i. Naturalization by Law number 1916 of August 5, 1955: Children of foreign parents born in Costa Rica: It is required to have been born in Costa Rica.

ii. Naturalization by Law 1902 (Over 25 years old): Children of a Costa Rican Father or Mother who were born abroad. It is required to have been born abroad, and to be a son or daughter of a Costa Rican father or mother by birth, over 25 years of age, who has not made a nationality option and to have resided in Costa Rica physically for 5 (five) years when the place of birth is in one of the Latin American countries, and 7 (seven) years when the country of birth corresponds to another nationality.

iii. Naturalization by transcendence of the father or mother: It is required to be a minor, that the father or mother has a naturalization process or is naturalized, and that the son or daughter is residing in Costa Rica at the time of naturalizing their parent.

iv. Naturalization by residence (Law 1155): having resided in Costa Rica officially for five years for those who are Latin American and Spanish by birth, and seven years for those who are from other nationalities. 1) To be of legal age and to the corresponding nationality. 2) To be of good conduct and have been domiciled in Costa Rica during the periods established in article 14 of the Political Constitution, for each group of nationalities. 3) To have a profession or trade, as well as an income, assets or other sources of income, that provide sufficient means to meet personal obligations and those of the family. 4) Not having been judged during the stay in the country for malicious crimes or being a recurring offender in guilty crimes, nor having been convicted of repeated violations. 5) Know how to speak, write, read the Spanish language and also have knowledge about the history of Costa Rica and its values.

v. Naturalization by legal permanence in the country (20 years) (Law 1902): It is required to have resided in Costa Rica physically for 20 years or more.

vi. Naturalization by marriage: It is required to have been married to Costa Rica for two years and to have physically resided for the same period in the country.

In the same order of ideas, the Political Constitution of Costa Rica establishes:

Article 13.- The following are Costa Ricans by birth:

1) The son of a Costa Rican father or mother born in the territory of the Costa Rica

2) The son of a Costa Rican father or mother by birth, born abroad, and registered as such in the Civil Registry, by the will of the Costa Rican parent, while he/she is a minor, or on their own until they turn twenty-five;

3) The son of foreign parents born in Costa Rica who is registered as a Costa Rican, by the will of any of his/her parents while he/she is a minor, or on their own up until the age of twenty-five;

4) The child of ignored parents found in Costa Rica.

Article 14.- The following are Costa Ricans by naturalization:

1) Those who have acquired this nationality under previous laws.

2) Nationals of other Central American countries, Spaniards and Ibero-Americans by birth who have officially resided in the country for five years and who meet the other requirements established by law.

3) Central Americans, Spaniards and Latin Americans who are not by birth and other foreigners who have officially resided in the country for at least seven years and who meet the other requirements established by law.

4) The foreign women who lose their nationality when entering into marriage with a Costa Rican.

5) Foreign persons who, when marrying Costa Ricans, lose their nationality or who after having been married for two years with Costa Ricans, and residing for the same period in the country, express their desire to acquire Costa Rican nationality.

6) Those who hold the honorary nationality granted by the Legislative Assembly.

Article 15.- Those who request naturalization must: prove their good behavior, demonstrate that they have a job or known means of living, that they know how to speak, write and read the Spanish language, submit to a comprehensive examination of the country’s history and its values, promise that he/she will reside in the national territory on a regular basis and swear that he/she will respect the constitutional order of the Republic.

The requirements and the way to process the naturalization application will be established by law.
Finally, naturalization is obtained by having lived twenty years in the country, without a residence card, for which witnesses, health records, service receipts, and all the documentation that can prove that the person has been in the country during that time are presented in Costa Rica, he/she has the right to be a Costa Rican.

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