The Legal Side of Costa Rica
Featuring Articles Written by Oscar Hernandez, Attorney
Oscar Hernandez is an Immigration Attorney
Located in San Jose, Costa Rica. He & His Team at
Expat Legal Advisors understand the needs
of the Expat who has begun a NEW LIFE in Costa Rica.
They know that the best way to enjoy the Pura Vida Lifestyle is to
have complete knowledge of the Laws of the Land. .
Understanding the Law & Living the Dream. .
Living the Pura Vida lifestyle in Costa Rica means more than enjoying its beaches, jungles and peaceful rhythm.
It means embracing a new way of life built on respect, knowledge and connection.
At Expat Legal Advisors, we believe that the more you understand the laws of the land,
the more fully and confidently you can enjoy the beauty of your new home.
These insightful articles, written by Attorney Oscar Hernández, who practices law in San José,
are designed to guide you through the legal landscape of Costa Rica with clarity and purpose.
From legal residency & real estate to healthcare & daily living, Oscar’s experience and dedication help demystify complex legal topics, empowering expats to make informed decisions
and live freely within the framework of Costa Rican law.
Knowledge is Peace of Mind. . and Peace of Mind is Pura Vida. .
Here, you’ll find practical wisdom, trusted guidance and the tools to help you thrive
as a well-informed member of Costa Rica’s expat community.
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Border Run Update:
Is Perpetual Tourism a Thing of the Past?
Costa Rica’s Legislative Assembly is reviewing Bill No. 24.854, formally titled “Law to Regulate the Re-entry of Foreign Tourists and Strengthen Migration Management,” which proposes targeted amendments to the General Law of Migration and Foreigners (Law 8764). The initiative aims to strengthen migration oversight and ensure that tourist status remains a genuinely temporary category rather than an informal substitute for long-term residence. The proposal introduces two primary changes: first, a 90-day waiting period before a person who has reached the maximum lawful tourist stay could re-enter Costa Rica as a tourist, and second, an increase in overstay fines for tourists from the general rate of US$100 per month to US$300 per month of unlawful stay, while maintaining the current rule that failure to pay may result in a re-entry ban equal to three times the length of the overstay and directing collected fines toward strengthening the migration authority.
The bill responds to the long-standing practice of “visa runs,” in which some visitors briefly leave the country and re-enter to renew their tourist status, a pattern that authorities believe can blur the line between temporary visits and de facto long-term stays. This proposal follows recent administrative changes made in 2023 that expanded the maximum tourist stay to up to 180 days for certain nationalities, a reform that, while supporting longer legitimate visits, may also have encouraged back-to-back tourist stays for individuals effectively living in the country without transitioning into a formal resident category. The broader public context includes institutional challenges in monitoring repeated entries and an ongoing national conversation about housing affordability and community pressure in high-demand coastal regions, with public perception data highlighting concerns about the relationship between foreign residency patterns and real estate dynamics, without attributing responsibility to any specific community.
According to the bill’s explanatory notes, the proposed 90-day re-entry restriction would not apply to temporary residents and certain other non-resident subcategories defined under existing law. At present, the bill remains under review in the Tourism Commission and has not been enacted, voted on in plenary, or finalized, and it may still change as it moves through the legislative process. For the time being, current legal obligations for tourists remain unchanged, and visitors are encouraged to rely on accurate legislative updates, comply with existing immigration rules, and consider appropriate long-term legal pathways if they regularly spend extended periods in Costa Rica. In summary, Bill 24.854 remains a proposal, and Costa Rica continues to welcome visitors while lawmakers evaluate ways to preserve the integrity of the tourist category and strengthen institutional capacity.
Lic. Oscar Andrés López Hernández
Attorney-at-Law
Expat Legal Advisors
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