It is quite common today to hear the constant complaints of users of the General Directorate of Migration and Foreigners (GDMF) for the unjustifiable delays they suffer in the resolution of their applications for residencies, registration of companies, special permits and others.

Despite the fact that the law and the regulations give said institution a maximum period of 90 days to resolve, the reality is that an application will probably take no less than 10 months to be resolved, causing serious uncertainty for the applicant.

In the case of companies that require hiring foreign labor for their operation, the situation worsens, as the need to hire is immediate for the proper development of the business, which makes it absurd to have to wait at least 10 months to know whether or not the residency of the foreign person is authorized.

For this, a Regulation was created for the Registry of Migration Companies, which authorizes the registration of companies that meet certain conditions, in order to simplify the residency procedures for their executives, technical staff, scientists, etc.

What basic requirements must the companies meet for registration with the GDMF?
According to the regulations, those companies duly incorporated in Costa Rica that require a volume of migratory flow established in their operation plan may register; and that are under any of the following circumstances:

a. That they are operating or that they are going to start operations under special export promotion regimes, administered by COMEX and/or PROCOMER.
b. That they have the support of COMEX, by virtue of express references from organizations with a recognized track record, nationally or internationally.
c. That they have the tourist declaration issued by the ICT.
d. That they are registered with one of the following institutions: SUGEF, SUPEN, SUGEVAL, SUTEL, SUGESE or the Airline Association.
e. That they are categorized as multinationals whose parent company has decided to open a subsidiary in Costa Rica and that has operations in at least three countries; and
f. That they are awarded a contract promoted by the Public Administration with a term of more than one year.

Classification of Companies for Obtaining the Registry:
Through the Regulation, the following categorization is made that companies must comply with in order to be registered:

i. COMPANY CLASS A. Are those that are operating or are going to start operations under special export promotion regimes. These regimes are administered by COMEX and PROCOMER.
ii. COMPANY CLASS B. They are those that are exporting goods or services outside of special export promotion regimes or carrying out research and development activities.
iii. COMPANY CLASS C. Those that are operating in the tourism sector in Costa Rica, specifically in the areas of tourist accommodation, must have a Tourist Declaration and a classification of four stars onwards. Likewise, the registration of airlines registered in the Airline Association will be authorized, both for passenger and cargo transport, but the latter is authorized only for those that have operator category.
iv. COMPANY CLASS D. Are those that are operating in the financial area in Costa Rica and are supervised or registered with SUGEF as entities of the banking sector or non-bank financial institutions, with SUPEN, SUGEVAL and those that are in process installation or operating in the insurance area in Costa Rica and are supervised or registered with SUGESE.
v. COMPANY CLASS E. They are those that are in the process of installation or that are operating in the telecommunications area in Costa Rica and are supervised or registered with SUTEL.
vi. COMPANY CLASS F. They are those that are not located in any of the previously described classifications, characterized by being multinationals whose parent company has decided to set up a subsidiary in Costa Rica, with a line of operation that takes place in the areas of production and marketing of goods and services. A multinational is understood to be a company that has operations in at least 3 countries, excluding Costa Rica.
vii. COMPANY CLASS G. They are those national or foreign that are operating or are going to start operations in Costa Rica and are awarded a contract promoted by any entity or body of the Public Administration, as long as the term of the contract exceeds one calendar year. Likewise, those companies that are contractually linked to public entities.

What advantages are obtained with the Business Registry before Migration?
We can list the following advantages the registration the companies before the GDMF:

– There will be a resolution of the request in a much shorter period compared to the normal one.
– Certain requirements are waived compared to the application made by an unregistered company.
– The file will not have to be sent to the National Employment Directorate of the MTSS, for them to issue a criterion (positive or negative) on the hiring. Remember that by law, the residency applications of companies that are not registered with Immigration must be sent to the National Employment Directorate.

ERP Lawyers & Associates: Legal Advice on Immigration Matters:
We remind you that at ERP Lawyers we have a team of experts in Immigration Law who will be able to guide and collaborate with all your procedures related to this branch. Contact us through our website or at our telephone numbers where we will gladly assist you.