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.
Enjoy this Article
Written Especially
for You. .
Caught in the Wait:
What to Do When Immigration Does Not Decide. .
Administrative backlogs are a common challenge in immigration systems worldwide, and Costa Rica is no exception. Applications for temporary or permanent residency, visas, asylum, or related immigration categories often face significant delays, leaving applicants in prolonged uncertainty. This waiting period can create anxiety and a sense of vulnerability, especially since many expatriates’ personal plans, family decisions, and financial projects depend directly on obtaining legal immigration status. The need for a timely response from Costa Rica’s immigration authority, the Dirección General de Migración y Extranjería (DGME), therefore becomes critically important.
Under Costa Rican law, applications for residency or stay are generally expected to be resolved within three months of submitting a complete file. However, this deadline is not strict, meaning that even if a decision is issued after that period, it remains legally valid. When delays extend far beyond what is reasonable—sometimes lasting years—they may affect constitutionally protected rights such as the right to petition, the right to a prompt administrative response, legal certainty, and access to timely justice. In such cases, inaction by the immigration authorities can amount to a violation of those rights.
Several remedies are available to applicants facing excessive delays. An initial step may be to file a request for prompt dispatch, an informal written request asking immigration authorities to prioritize and resolve the case. Another option is submitting a formal complaint to the DGME’s Office of Service Oversight, which can intervene to encourage movement on the file. A more robust administrative measure involves seeking assistance from the Office of the Ombudsperson, an independent institution that advocates for residents’ rights and often succeeds in accelerating delayed decisions through its institutional influence.
As a last resort, applicants may pursue a judicial remedy known as an amparo de legalidad before the Administrative Contentious Court, requesting a court order compelling immigration authorities to issue a decision. While this path carries certain risks—since it forces a definitive approval or denial without the opportunity to correct minor deficiencies—it is often effective in bringing long delays to an end. Ultimately, Costa Rica’s legal system provides tools to protect individuals from unreasonable administrative inaction, reinforcing the country’s foundation as a state governed by the rule of law.
Lic. Oscar Andrés López Hernández
Attorney-at-Law
Expat Legal Advisors
When You're in Need of Legal Advice in Costa Rica,
Contact
Oscar Hernandez at
WhatsApp:
506-8543-7650
Email:
legal@expatlegaladvisors.com
Website:
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