COSTA RICAN RESIDENCY SUMMARY

Updated on August 15, 2010

The NEW Immigration Law 8764 is now in full force and effect.  All information contained in this Residency Summary is based on Law 8764.

TRAVELLING TO COSTA RICA

The requirements to enter Costa Rica depend on your country of nationality.  Generally, citizens of the United States, Canada and the European Union countries do not require a visa to enter Costa Rica.  Those citizens can enter Costa Rica with their valid passport and remain in the country for up to a maximum of 90 days.  

Visa renewal.   If you are under the 30 or 60 day category then the law allows you to apply for an extension up to 90 days.   If you have a 90 days visa the law does not allow you to apply for an extension in Costa Rica you must leave the country and re-enter to obtain another tourist visa.

The amount of time that a Tourist can remain in Costa Rica is based upon their country of origin.  Costa Rica ranks countries for visa purposes into 4 categories set forth below:

GROUP ONE.   Those countries designated as Group One may enter Costa Rica without an entry Visa and may remain in Costa Rica for up to 90 days. 

Example: United States Canada, European Union, Australia, Brasil,

GROUP TWO:  Citizens of Group Two countries may enter Costa Rica without an entry Visa and may remain in Costa Rica for up to 30 days.

Example: Belize, Guatemala, Honduras, El Salvador, Venezuela

GROUP THREE:  If you are a citizen of a Group Three country you need to obtain an entry VISA from a Costa Rican Embassy or Consulate abroad before you enter Costa Rica.  If granted it is for a period of 30 days.

Example: Colombia, Ecuador, India, Nicaragua, Peru

GROUP FOUR:  This is the most restrictive category.  This means that citizens of Category Three Countries must have an entry visa BEFORE they are allowed to enter Costa Rica.  The visa must be reviewed by the Director of Immigration before it can be granted.   If granted the visa is for a period of 30 days.

Example:  Cuba, Jamaica, China, Iran, Iraq.

You can download the current visa list by clicking on the following link:   Circular DG-3309- Visa Entry Requirement List

Your Passport:   While in Costa Rica your passport and the immigration stamp that was placed in it when you entered the country is your proof of legal status  The Immigration Department allows you to carry a copy of your passport with the entry stamp so that you can keep your passport in a safe place..

RESIDENCY IN COSTA RICA

All residency applications are governed by the Costa Rican Department of Immigration (Direccion General de Migracion y Extranjeria) which in turn is overseen by the Ministry of Public Security and Police (Ministerio de Gobernacion, Policia y Seguridad Publica). 

In the past the Department of Immigration required that applications be  filed in your country of origin through the Costa Rican Consular Office in your area.  Under the new law the Department of Immigration will accept applications filed in Costa Rica directly with the Department of Immigration.  However, if you file in Costa Rica as opposed to outside of Costa Rica then, in addition to the $50 application fee you will be charged an additional $200 fee for a change of status fee.

You will still need to interact with the Consular offices to have you documents authenticated. For list of Consular Offices in your area see the list on the Ministry of Foreign Relations site: Consular List.    You can also consult the Costa Rican Embassy List as well.

Be advised that the residency procedures change from time to time.  The new immigration law 8764 came into effect on March 1, 2010 and as the Department of Immigration applies the law it will issue Regulations and Directives to the law.   Since Costa Rica has become an attractive destination for many the processing of immigration applications at time has overwhelmed the Immigration processing system.   As such, there are considerable delays in processing new applications.  Also, the approval of residency is a discretionary matter of the Department of Immigration.  The Department of Immigration favors applicants that can demonstrate that they will provide a financial benefit and contribute to create employment for Costa Rica citizens either in the form of direct investment (investors, entrepreneurs) or indirect investment (Rentista and Pensionados) .   

The Residency options available under the new immigration law (8764) for you in Costa Rica are discussed below:

TEMPORARY RESIDENCY

Most of the applications for Costa Rican residency will fall into the Temporary Residency category which is regulated by Article 79 of the new law and has the following subcategories:

(1)  The Spouse of a Costa Rican citizen as set forth in Article 73 of the law.

(2)  Those of religious orders for religions that have been accredited by the Ministry of Foreign Relations and Culture

 (3)  Executives, Managers, Technical Personnel for Corporations which are established in the country.  This may also include those specialized workers that are independent workers but whose technical expertise is required and the Department of Immigration as set forth the criteria to allow that specialty to work in Costa Rica.

(4) Investors

(5)  Scientific, Professional and Specialized persons.

(6)  Sports figures recognized by the National Council on Sports and Recreation

(7)  International Press Correspondents

(8)  Rentistas

(9)   Pensionados

RETIREMENT OR INCOME BASED RESIDENCY IN COSTA RICA

Pensionado and Rentista Residency

Costa Rica has had a Pensionado (Retiree) and Renitsta program for almost 40 years.   This program continues to date as follows:

If you are planning to retire in Costa Rica and you have a pension or investment income then you may qualify for either PENSIONADO RESIDENCY or RENTISTA RESIDENCY.  This program is governed by the New Immigration Law which confers residency status as follows:

1.  PENSION BASED RESIDENCY [Pensionado]

 The Pensionado (Retiree) applicant must demonstrate a permanent fixed income from a pension or similar retirement income of at least US$1,000 per month. The typical applicant in this category has a government, private sector pension or social security retirement benefits. The legal basis for the pensionado category under the new immigration is Article 81 of Law 8764.

2. INVESTMENT AND INCOME BASED RESIDENCY [Rentista]

To apply for residency under the Rentista portion the applicant must demonstrate a permanent fixed income of at least US$2,500 per month. This amount includes the applicant, their spouse and all their children which are under the age of 25.  The legal basis for the rentista category under the new immigration is Article 82 of Law 8764

Generally, those who seek the Rentista category do not have a pension source and instead have investment income. To apply for this category it is necessary to provide proof of the investment and that it will generate the requisite amount per month which is required under this program. As such the applicant must provide a letter from their bank or financial institution where your funds are deposited certifying the existence of that income. It is not required that the funds be held in Costa Rica. The letter can be issued by international banks as well as Costa Rican banks.  

The ideal letter issued by the financial institution should state that the recipient will receive at least US$2,500 per month in Costa Rica in a stable and permanent manner.

In both cases, Pensionado and Rentista the beneficiaries must comply with the following:

• Prove that the funds were deposited in Costa Rica.  This issue generally comes up when you are going to renew your residency category.  When you renew your status you will be asked to provide proof that the funds have been sent to Costa Rica.   As such keep records of this until you complete your renewal of status.  The easiest way to comply with this requirement is to ask your bank to issue a letter stating that you have an account with them and indicating that during the year you have exchanged the amount required by the immigration law i.e.  $12,000 per year for Pensionado or $ 30,000 per year for Rentista.
• Contribute to the Social Security System of  Costa Rica. This is a new requirement imposed by the New Immigration law (8764).  It requires that all residency holders must contribute towards the Costa Rican Social Security and Medical System (C.C.S.S.)  The easiest way to comply is to request a  voluntary policy known as seguro voluntario.  The amount you pay is based upon the amount of income you report. Since the law establishes the monthly requirement i.e. $1,000 for Pensionado and $2,500 for Rentista those are the amounts they will base the payment on.   For Pensionado that generally translates into a monthly social security payment of around $50 per month..  

        A. The Rentista and Pensionado Application Process

The application for Rentista or Pensionado status must be filed through the Costa Rican Consular office in your country of origin.  Before the application can be prepared the applicant must compile all the supporting documentation that is required for the application as follows:

1. Birth Certificate: You must provide a certified copy of your birth certificate and that of your dependents. The certified copy must be sent to the Costa Rican consulate for your jurisdiction for authentication. The consulate charges US$40 for each document to be authenticated. Be advised that the Department of Immigration will not accept any supporting documentation which has not been authenticated by a Costa Rican Consul.

2. Marriage Certificate: If you have a spouse that will be applying as well then you will also have to provide a certified copy of a marriage certificate. The certificate must also be authenticated by a Costa Rican Consulate.

3. Proof of Income: If your source of income is a government pension then obtain a letter from your government certifying the income (US citizens on Social Security can obtain this letter from the United States Embassy -Consular Section in Costa Rica).

If the income is from a Bank or Financial Institution then it must issue the letter. All documents should be authenticated by the Costa Rican Consulate. 

4. Police Certificate of Good Conduct: This certification is obtained from the police department where you last resided. This certification also needs to be authenticated by a Costa Rican Consulate. Note that this certificate is only valid for 6 months from the date they are issued. If this document expires while you are pulling together the rest of the documentation then you will have to obtain another one.   If the document expires after you have submitted it to immigration and they have not processed your obligation you will NOT have to submit another one.

5. Finger Prints for Interpol Background Check: This step is done in Costa Rica at the Ministry of Public Security. The applicant will be finger printed in Costa Rica and the prints will be checked with Interpol.  You must take at least 2 photographs facing front and 2 face to the side. 

6. Photographs: The application requires photographs during the various stages of processing and we recommend that you take at least 4 photographs facing the front.

7.  Photocopy of Your Entire Passport.   With your application you will need to provide a complete copy of your passport.  This means every single page from front cover to back.   You will also require a very clear copy of the date of the immigration stamp where you entered the country.

8. Translation of Documents: Once you have compiled all your documentation, all documents which are in English must be translated into Spanish. This procedure can generally be handled by the Attorney that you have retained to process your application.

9. Power of Attorney for Representation.  If you have hired an Attorney to process your application you will have to confer upon them a Power of Attorney to act on your behalf before the Department of Immigration.

10.  Background Information Sheet (Hoja de Filiacion).  This form requests the personal background information of the applicant and must be attached to the application. 

You can download the form here:  Formulario de Filiación in PDF            Formulario de Filiacion  Image Format

11.  Proof of Registration With Your Local Embassy.   This is a  new requirement.  Your local Embassy in Costa Rica must provide you with a letter or certificate indicating that you have registered with them.   This is now a pre-requisite to the approval of immigration residency status in Costa Rica.

 As previously indicated all documents that are issued in your country of origin such as birth certificate, police certificate, marriage certificate etc.. must go through the authentication process.  This means the documents have to be obtained from your vital records office then certified by the Secretary of State of the state where the document was issued.  In the case of Canadian documents they can be legalized at the Foreign Affairs and International Trade Office.  In the case of European documents they must be legalized by the Foreign Relations office of the country where they were issued.

The following is an example of documents issued by the State of Florida in the U.S. as an example for you to follow the same guidelines.

Your documents are ready for use in Costa Rican when the Costa Rican Embassy or Consulate in your country of origin has certified the document.   The following is what the certification looks like.  If your document does not have the certification by the Costa Rican Embassy or Consulate it cannot be used in Costa Rica.  The Embassy/Consulate charges $40 for each document authentication.

 Once you have all the documentation set forth above you are ready to submit your application to the Department of Immigration through the Costa Rican Consulate in your country of origin.  The cost of the application is $50 which must be paid to the Department of Immigration. by way of deposit to their account at the Banco de Costa Rica.  If you apply locally instead of via your Consular office you will have to pay an additional $200 with your application since they consider this a change of status from a "tourist" status to the new category you are applying for.  Generally the Department of Immigration  will only receive applications that are accompanied with ALL the supporting documentation. Keep in mind that all the original documents that you submit become the exclusive property of the Department of Immigration  and will NOT be returned to you.   

Within the application process you will be required to provide the Department of Immigration with the following information:

1.  Full Name,  2.  Nationality,  3.  Occupation,  4.  Name of your Father, 5. Name of your Mother, 6. Name of your Spouse,  7. Race, 8. Color of your Eyes, 9. Color of your hair, 10. Your height (in meters), 11. Your weight (in kilos), 12. Marital Status, 13. Place of Birth, 14. Date of Birth, 15. Original Entry Date into Costa Rica, 16. Point of Entry into Costa Rica, 17.  Physical Address in Costa Rica, 18. Telephone number in Costa Rica.  

Once you application is received you will be given a receipt.  This receipt is important since it is your proof that you have a pending residency application with the Department of Immigration.  Your application first goes to the Legal Department within Pensionado/Rentista Section of the Department of Immigration who will review all the documentation for compliance.  If all your paperwork is in order the Legal Department will forward the application to the approval committee for final evaluation. If there are any defects in the application the Legal Department will notify your legal representative of the defect and request that it be corrected before it will submit the application for approval. 

 If your application is approved then the Department of Immigration will issue a formal resolution indicating the date on which the application was approved. You or your legal representative must appear at the Department of Immigration for formally retrieve the resolution. Once you have the final resolution then you can request an appointment with the Department of Immigration to have them issue you a picture identification residency card.  

    B.  Renewal of Pensionado/ Rentista

In order to renew you residency status under this category you must first prove to the Department of Immigration that you spent at least 6 months in Costa Rica during the year.   If you are a Pensioner or Rentista you must demonstrate that the income was received in Costa Rica.

 

INVESTING IN COSTA RICA

 THE INVESTOR PROGRAM [Inversionista]

The Investor Category requires an applicant to demonstrate to the Department of Immigration that they will be coming to Costa Rica to invest in the country.  The new immigration law maintains the investor category which had existed in previous immigration laws.  The category is found in Article 79 (4) of the law.   What is lacking in the text of the new law is the guidelines and investment thresholds required to apply for this category.  Previoulsy the guidance for this category was the Department of Immigration Circular # SDF-461-2007 of March 12, 2007.  Circulars are directives issued by the Department of Immigration which supplements the law and informs the general public how the Department of Immigration will process a particular residency category. Under the 2007 Circular the minimum investment required for the Inversionista category was $200,000 (two hundred thousand dollars).  Furthermore that circular made it clear that the investment made in Costa Rica must provide an economic and social benefit to Cost Rica.  The law specifically excluded personal investments such as purchase of home, lots or buildings to qualify for this category. 

There is currently misinformation floating around regarding the inversionista category.  Part of  it came about when the Director of Immigration mentioned in a press interview that the inversionista category would apply to those that purchased their homes or property in Costa Rica.   A circular was later issued to substantiate that position so long as the property purchased was registered with the Costa Rican tax department to establish that the value was over $200,000.  Since a new Director of immigration took owe are awaiting for more guidance on that issue.  Since the law is silent as to the requirements of this category it will be up to the Department of Immigration either by way of Regulations to the law or by way of another Circular to clarify in writing what their position is as to this category under the new law.   As soon as we have a verified source indicating the parameters of this category we will post them to the site.

IMMEDIATE RELATIVE PETITION

This category of residency is available to foreigners who are immediate relatives of a Costa Rica citizen.   

1.  Who is an Immediate Relative for Purposes of the Law

 Those who are related in the First Degree with a Costa Rican citizen.  

The law recognizes the following to qualify:  

i.  Parents of Costa Rican citizens, 

ii.  The minor children of a Costa Rican citizen. 

iii.  The children of a Costa Rican citizen that has a disability regardless of age.

 iv.  Minors which are siblings of a Costa Rican citizen or siblings that have a disability of any age.

2.  The Spouse of a Costa Rican Citizen

 The procedure by which a Spouse of a Costa Rican citizen may process residency is one of the significant changes in the new immigration law.

Under Article 73 and 79 (1) of the new immigration law the Spouse of a Costa Rican citizen is no longer allowed to apply for Permanent residency status.  A Spouse must first apply under the Temporary residency category.

This is a response to massive marriage fraud cases that have been uncovered whereby foreigners would pay Costa Rican citizens to marry them in order to obtain permanent residency.

Under the new law the spouse of a Costa Rica citizen will be given Temporary immigration status for one year and renewable for additional one year periods so long as the immigration authorities do not determine that the marriage is a sham.  After 3 years of marriage and with Temporary Residency status then the spouse may apply for Permanent Residency

The applicant must provide the following supporting documentation:

1. Birth Certificate: You must provide a certified copy of your birth certificate and that of your dependents. The certified copy must be sent to the Costa Rican consulate for your jurisdiction for authentication. The consulate charges US$40 for each document to be authenticated. Be advised that the Department of Immigration will not accept any supporting documentation which has not been authenticated by a Costa Rican Consul.

2. Proof of Relationship to Costa Rican Citizen: If you are basing your petition on marriage then you must have a Cetified copy of the marriage certificate issued by the Civil Registry.  If you are a parent or sibling to a Costa Rica citizen then provide the Certified birth certifcate of the relative.  You must also provide a certified copy of the identification document of the Costa Rican relative.

3. Police Certificate of Good Conduct: This certification is obtained from the police department where you last resided. This certification also needs to be authenticated by a Costa Rican Consulate. Note that this certificates is only valid for 6 months from the date they are issued. If this document expires while you are pulling together the rest of the documentation then you will have to obtain another one.

4. Fingerprints for Interpol Background Check: This step is done in Costa Rica at the Ministry of Public Security. The applicant is finger printed and the fingerprints are run through the Interpol computer index.  

5. Photographs: The application must provide 4 photographs facing towards the front.  

6. Translation of Documents: Once you have compiled all your documentation, all documents which are not in Spanish must be translated to the Spanish language.

7.  Register with the Embassy of your Country of origin.   You must register with your Embassy and provide proof to the Department of Immigration.

WORKING IN COSTA RICA

In order to work in Costa Rica you must either have Permanent Residency or have a work permit that allows you to work.  

If you have a Temporary Residency category you may only "carry out renumerated work or business activities on your own which are authorized by the Department of Immigration". The work authorization shall be based upon the criteria devloped by the Ministry of Labor and Social Security along with other criterias of the Department of Immigration.

Article 18 section (20) of the Immigration law authorizes the Immigration police to investigate the immigration status of foreing workers and to that end they may "enter upon their place or work during business hours, check passports, residency status, work permits as well as any other identification document in order to determine any violations of the law." 

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