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. .
Deciding to move to another country is, ultimately, a matter that must be analyzed with the utmost rigor in light of all the implications it entails. It is a personal decision of such significance in a person’s life that it affects not only that person, but also his or her family and entire social circle.
Now, once that analysis has been completed and the decision to proceed with that choice has been made, one of the immediate matters that must begin to be addressed is the immigration regularization of the migrant and his or her family in the receiving country. This is because recognition of the right of lawful stay in Costa Rica is conditioned upon the formal submission of a series of requirements intended to demonstrate that the prerequisites of standing, admissibility, and lawfulness for the granting of the immigration status sought have been met.
Mere presence in the country does not confer any right or legal status on the foreign national, who is legally obligated to leave the national territory once the period of stay authorized upon entry through one of the authorized ports of entry has expired.
This obligation to leave upon expiration of the period of stay authorized by the immigration authority is lifted, temporarily, as of the moment an application for the granting of an immigration category, such as temporary residency, is formally filed, regardless of the subcategory sought.
Indeed, Article 33.3 of Law 8764, which concerns the obligations of foreign nationals, establishes as an exception the formal and verifiable existence of such an application; therefore, if, once the period of stay authorized upon entry has elapsed, there is an application for the granting of residency that was filed before that period expired, the person maintains a regular stay in the country by virtue of the suspensive effect that such application has on the obligation to leave the national territory.
We might even argue that the foregoing tacitly creates a condition precedent with respect to the actual obligation to leave the country, since, if the application is approved, that obligation ceases to exist upon completion of the documentation and immigration regularization process, and, if the application is denied by a final, non-appealable administrative decision, that obligation shall regain its legal force and the person must leave the country within the period set forth in that decision, pursuant to Article 64 of the Regulations on Foreign Nationals (Reglamento de Extranjería).
Having said that, and assuming that such application for the granting of residency has already been filed, we will briefly answer some of the most common questions regarding the filing of the residency application, which many expats call the “golden ticket”:
What effects does that application produce?
The principal effect of filing an application for the granting of an immigration category is the lifting of the obligation to leave the country once the authorized period of stay has expired. That obligation to leave the country shall have as its condition precedent the eventual denial, by a final, non-appealable administrative decision, of the residency application filed by the applicant; if the application is approved, that obligation ceases to exist.
Does the mere filing of the residency application grant me any rights?
4 No. The mere filing of the application, apart from lifting the obligation to leave the territory and the authorization to drive discussed below, does not confer any special right; however, Article 31 of the same Law 8764 sets forth with complete clarity the rights enjoyed by foreign nationals, including the right to “move freely throughout the national territory, for the period defined by the authorization”; the foregoing is without prejudice to the rights conferred by the Political Constitution and by the international human rights treaties ratified by Costa Rica.
What are my obligations as an applicant?
Foreign nationals must at all times carry their identity documents and those evidencing their immigration status in the country, as provided in Article 33.2 of Law 8764; if you have already filed your residency application, it is advisable to carry with you a copy of the filing receipt issued by the General Directorate of Immigration and Foreign Nationals (Dirección General de Migración y Extranjería) and, in addition, to keep an image of it on your phone, so that immigration police officers, or any administrative police officer in the country, can verify that you have in fact lifted your obligation to leave the country by virtue of your prior application for legal residency.
In this regard, please note that the aforementioned Article 33.3 provides that “Any irregular stay in Costa Rican territory shall require foreign nationals to pay an immigration fine equivalent to one hundred United States dollars (US$100.00) for each month of irregular stay in the country or, failing that, they shall be barred from entry for a period equal to three times the length of their irregular stay.”
May I continue using my driver’s license while my residency application is being processed?
If you filed your residency application before the period of stay authorized upon your entry expired, your immigration status remains regular while the General Directorate of Immigration and Foreign Nationals decides on your application.
The final paragraph of Article 91 of Law 9078 provides that “foreign nationals whose immigration status under national law is deemed regular, by reason of having a pending application for a change of immigration category or for an extension, the final decision on which is pending before the General Directorate of Immigration and Foreign Nationals, are authorized to drive.”
Thus, based on a literal interpretation of the provision, it allows you to continue driving with your valid foreign license while your application is being decided, without the need to leave the country to renew your entry stamp.
NEVERTHELESS; This interpretation, however, is not uniform among authorities and administrative police officers. Therefore, always carry your passport, your foreign license, and the proof of filing of your application.
For these reasons, we recommend that you have your license homologated (converted into a Costa Rican driver’s license) before the period of stay authorized for you as a tourist expires, or that you leave the country and re-enter in order to restart the authorization period for your foreign-issued driver’s license.
May I open a bank account?
Each bank has its own admissibility policies for account-opening applications; however, it is highly likely that banks will require you to submit proof of lawful stay in the country, without recognizing the suspension caused by an application for lawful stay, because Article 3, subsection 13, of the General Regulations on Legislation against Drug Trafficking, Related 5 Activities, Money Laundering, Terrorist Financing, and Organized Crime (Reglamento general sobre legislación contra el narcotráfico, actividades conexas, legitimación de capitales, financiamiento al terrorismo y delincuencia organizada), Executive Decree 36948-MP-SP-JP-H-S, only permits non-resident foreign nationals to identify themselves with a “valid passport with a current authorization of stay,” and that provision does not expressly treat a pending application as equivalent to such authorization.
Must I obtain a ticket to leave the country every time I travel, even though I have already filed my residency application?
Yes. The mere existence of a residency application does not have the effect of creating the right sought without a prior decision granting it, nor does it confer a vested legal status; accordingly, although the person will have a “regular” immigration status, he or she will continue to be considered a “non-resident” and, consequently, pursuant to Article 30.d of the Immigration Control Regulations (Reglamento de Control Migratorio), Executive Decree 36769-G, upon re-entering the country the person must present a “ticket or passage for return or onward travel, when the means of transportation is commercial.”
The filing of the residency application represents, ultimately, an important step toward the regularization of your immigration status in the country, which is why we invite you to learn about its effects in detail so that you can avoid committing violations of immigration law that could affect the application you have filed.
Lic. Oscar Andrés López Hernández
Managing partner
Expat Legal Advisors
When You're in Need of Legal Residency in Costa Rica,
contact
William "Skip" Licht at
WhatsApp:
1-754-423-8823
Email:
skip@expatlegaladvisors.com
What are the Legal Effects
of an Application for Legal Residency in Costa Rica?
Read More Legal Articles Here
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