On January 18th, 2019, Decrees 41329-MGP and 41329-MGP were published, corresponding to the Regulation for the Migratory Recognition of Same-Sex Couples and Regulation for the Recognition of the Right to Sexual and Gender Identity for Foreigners in the DIMEX (identification card for foreigners).

These regulations grant immigration and recognition rights to foreigners who have same-sex partners, and to those who wish to adapt their name, image, reference to sex or gender in DIMEX.

Control of migrants must always respect and be based on the principles of respect for human life, cultural and personal diversity, solidarity, gender equality, and the human rights guaranteed in the Constitution of our Country and the International Treaties that we have signed in this matter.

The purpose of this request is to regulate the recognition of migratory rights by the General Directorate of Migration (DGME), derived from the unions confirmed by same-sex couples in the following cases:

1. When the existence of a union recognized abroad as a marriage is proven, as permitted by the legislation of the country where it was made.

2. When the de facto union or any civil figure between persons of the same sex who have been legally recognized abroad is verified, being allowed by the country where the recognition was made.

It is important to point out that the migratory categories that are present in the General Law of Migration 8764 and its Regulations, may be requested when there is a link with a Costa Rican or foreign spouse, fulfilling all the requested requirements.

Another fundamental aspect to take into consideration is that the procedure may only be carried out at the migration, central and regional offices.

As established in the Regulations, “everyone has the right to autonomously define their sexual and gender identity, since the data contained in the State’s records, as well as in the identification documents, are in accordance or corresponds to their definition of themselves.”

People who wish to make a change of name (not so of surnames), image, reference to sex or gender in the DIMEX, may do so through the ordinary procedures for renewal or duplication of the document.

It is important to remember that:

1. The cost of the process of renewal or duplication must be paid ordinarily by the foreign person.

2. The change will be carried out by submitting the ordinary requirements for renewal or duplication, and also the additional requirements.

The requirements that the person must present are:

1. Apostilled document issued by the country of origin in which the recognition of the change and/or the rectification or adaptation of the name, and the other essential components of the identity, such as image, or reference to sex or gender, is accredited .

2. Complete the “Form for the Recognition of Gender Identity in DIMEX”.

The procedure may only be carried out at the Migration, Central and Regional offices.

Exceptions

In the cases in which the foreign person cannot present the requirement established in subsection a) of article 8 of these regulations, they must provide the following documentation:

1. Citizens of those countries where the recognition of this right is not allowed must provide a consular note from their country of origin stating that recognition of the person’s right to gender and sexual identity is not possible in their official documents. Exceptionally, the person may provide other types of evidence that demonstrate the impossibility of recognizing that right in their country of origin.

In the case of people requesting refugee status and refugees, they will be exempt from the requirement of the previous consular note, for which the General Directorate of Migration and Foreigners will proceed to recognize the person’s right to gender and sexual identity only by means of the document indicated in subsection b) of article 8 of the regulation.

At ERP Lawyers we have a team of specialists in Immigration Law, so we invite you to send us your questions or queries to the email info@erplawyers.com, where we will gladly assist you.