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. .
Can Your Lose Temporary or Permanent Residency in Costa Rica?
The answer is "YES."
The right conferred by an authorization of lawful stay—whether under the estancia (stay) category, temporary or permanent residency, or any of the other special categories contemplated in Law No. 8764, international treaties, and related regulations—does not create a vested legal position. It is, in fact, a revocable status that may be cancelled whenever one of the statutory grounds is established, following an administrative proceeding in which the right to a defense is fully guaranteed.
Our Constitutional Court has stated:
"...a foreign national holding a permanent residency card has a different status or standing vis-à-vis that same State, for the reason that he retains his condition as a foreign national, which means that he holds no political rights; that is, he is not granted nationality or anything of the kind, but only the authorization to reside lawfully in our country on a permanent basis, which is a prerequisite for the foreign national to later apply for naturalization. Moreover, it is a precarious status, inasmuch as, on the grounds established in Articles 51 through 56 of the Ley General de Migración y Extranjería, the State is entitled to revoke it. It is clear that foreign nationals are not citizens and, consequently, are not Costa Ricans—an inequality that is not contrary to the Constitution and that permits differential treatment as between foreign nationals and nationals." (Sala Constitucional, 1999)
Accordingly, it should be kept in mind that the grounds authorizing the immigration authorities to cancel a person's lawful stay are confined to specific circumstances enumerated in our immigration statute. Violations falling outside that list cannot result in the cancellation of residency or lawful stay. The most common causes of losing residency in Costa Rica include the following:
Failure to comply with the conditions imposed for the grant of residency is one of the most common reasons. A classic example is engaging in remunerated economic activity without authorization. For example, rentistas (fixed-income residents) and pensionados (retirees) are prohibited from working as employees or self-employed workers while holding temporary residency.
Failure to pay taxes or contribute to public expenditures where no legal exemption exists may also result in cancellation. Examples include failing to file required income tax returns or failing to make mandatory contributions to the Costa Rican Social Security System (CCSS).
A conviction for an intentional criminal offense in Costa Rica or abroad within the previous ten years is another ground for cancellation. Once a final, non-appealable conviction is established, residency may be automatically revoked.
Extended absences from Costa Rica may also affect residency status. Permanent residents who remain outside the country for more than four years without justification, or temporary residents who are absent for two years or more, may lose their residency.
Residency may also be cancelled if it is determined that it was granted on the basis of false or altered documents.
Individuals whose record or conduct is determined to constitute a threat to public safety or public order may also have their residency revoked. This provision grants broad discretionary authority to the executive branch to determine what qualifies as such a threat. Although those decisions must be reasonable and proportional, this broad discretion can create legal uncertainty for foreign nationals.
Another important ground for cancellation is failing to renew the document evidencing lawful immigration status within three months after its expiration, unless the individual can demonstrate valid reasons why renewal within that period was impossible.
Finally, residency may be cancelled if it is shown that it was granted through a marriage to a Costa Rican citizen entered into solely for the purpose of obtaining immigration benefits.
Beyond alerting readers to the potential grounds for losing residency, this article serves as an important reminder to comply with the conditions under which immigration status was granted. If you have received notice that cancellation proceedings have begun, or you have been ordered to leave the country, it is strongly recommended that you obtain specialized legal counsel to defend your rights. At Expat Legal Advisors, we are at your service.
Lic. Oscar Andrés López Hernández
Attorney-at-Law
Expat Legal Advisors
When You're in Need of Legal Advice in Costa Rica,
Contact
William "Skip" Licht at
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1-754-423-8823
Email:
skip@expatlegaladvisors.com
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