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Nationality is defined as the legal bond that unites individuals with the Country. Nationality is obtained by birth or by naturalization. Naturalization is the process by which the citizen of one country acquires the nationality of a second country, with which he or she has acquired some ties as a result of the stay and the residence maintained over time in a legal manner; or for other reasons, such as marriage and the direct ancestry of parents, grandparents, among others.
The Constitution of the Republic of Costa Rica confers Costa Rican nationality to:
a) The person born in Costa Rica, regardless of the nationality of their parents.
b) The person born outside of Costa Rica, son of Costa Rican(s).
c) Foreigners who by virtue of the law acquire the right to request nationality.
Here we will be reviewing the different possibilities that the law dictates, for a foreign person to request Costa Rican nationality.
A) Naturalization of a person over 25 years of age, Born in Costa Rica and Child of Foreign Parents
According to article 7 of the Law of Options and Naturalizations, the children of a Costa Rican father or mother by birth, who have lost their nationality by disposition of their Costa Rican parent, may claim their status as Costa Ricans by birth, being of legal age and up to twenty-five years, doing the respective process personally or through a special power of attorney before the Civil Registry and, for this purpose, the proof of the case must be attached. The same will apply in relation to minors, children of a Costa Rican mother by birth, who have lost their nationality, even if they had been recognized by a foreign father.
B) Naturalization of a person over 25 years of age Born Abroad and Child of a Costa Rican Father or Mother by Birth
The person over 25 years of age born abroad and child of a Costa Rican father or mother by birth may opt for this option, when they have resided in the country for at least five years in the case of nationals of other Central American, Spanish or Latin American countries by birth; or seven years for any other nationality.
C) Naturalization by Domicile of no less than 20 years in Costa Rica
Foreigners who prove that they have lived in Costa Rica for a period of no less than 20 years may opt for Costa Rican nationality.
D) Naturalization by Marriage
This possibility is for those foreigners who have remained married and physically residing in Costa Rica for no less than two years.
E) Naturalization by Residence
Foreigners with legal resident status may opt for naturalization as Costa Ricans when they demonstrate that they have maintained that status uninterruptedly for at least five years in the case of nationals of other Central American, Spanish or Latin American countries by birth; or seven years for any other nationality.
F) Naturalization by Transcendence of Some of the Parents
This procedure is applicable only to minors when at least one of their parents has been naturalized as a Costa Rican.
G) Naturalization for Persons Declared Stateless or Stateless Refugee
For this category the Nationality by Naturalization it is important to clarify the following concepts:
Stateless person: This is a person whose nationality has not been recognized by any State, either due to an original condition or due to supervening situations.
Stateless Refugee: It is a person who, due to well-founded fears of being persecuted for reasons of race, religion, nationality, belonging to a certain social group or political opinions, is outside the country of their nationality and cannot, or because of such fears, do not want to avail themselves of the protection of their country; or that lacking nationality and being, as a result of such events, outside the country where they previously had their habitual residence, they cannot, or because of said fears, do not want to return to it.
The Nationality by Naturalization according to our Political Constitution:
The Political Constitution of Costa Rica establishes:
“Article 13.- They are Costa Rican by birth:
1) The child of a Costa Rican father or mother born in the territory of the Republic;
2) The child of a Costa Rican father or mother by birth, who is born abroad, and is registered as such in the Civil Registry, by the will of the Costa Rican parent, while he is a minor, or by his own until he is 25 years old;
3) The child of foreign parents born in Costa Rica who registers as a Costa Rican, by the will of any of his parents while he is a minor, or by the latter until before reaching twenty-five years of age;
4) The infant, of unknown parents, found in Costa Rica.
Article 14.- The following are Costa Ricans by naturalization:
1) Those who have acquired this nationality by virtue of 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 Ibero-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 woman who loses her nationality when she marries a Costa Rican.
5) Foreigners who lose their nationality when marrying Costa Ricans or who, after having been married for two years to 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.- Whoever requests naturalization must: prove their good conduct, demonstrate that they have a known trade or way of life, 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 will reside in the national territory on a regular basis and swear that he will respect the constitutional order of the Republic.
The law establishes the requirements and the form to process the application for naturalization.
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