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      IMPORTANT - READ BEFORE POSTING to SUPPORT FORUM   01/28/2011

      Posts to this Support Forum are to be related ONLY to one's ARCR membership. Posts inappropriate to the Support Forum will be removed without comment. Please post all other types of questions to the appropriate Forum. Only Forums Moderators, Administrators and ARCR Employees ae able to make any replies to this ARCR Support Forum. Paul M. Forums Moderator ==
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Stoic

New to ARCR, moving to Costa Rica in 2017

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Epicatt2    0

Induna, a few points . . .

 

When you apply for your residency and you documents, etc., are all accepted and you receive your 'comprobante' you are then considered 'en tramite' until you receive your 'resolución' awarding you your residency.

 

And no, while 'en tramite' you may stay in the country 'til you are awarded your 'resocución' granting you your residency. But in either of those two statuses one cannot work. Only after you have maintained your residency in good status for three years and then apply to upgrade to 'permanente' status and once that is granted can you work ing CR>

 

One last little point: The costarricans legislators themselves came up with the term 'turista perpetuo'. I saw it printed in La Gaceta.

 

And somewhere here on the Forums is posted (twice, on separate occasions) the language from La Gaceta that addresses residency and tourista visas, both in spanish and english. I know that they are somewhere on here cuz it was I who posted them. But search as I tried I could not locate them. Possibly someone else will be able to unearth them and post them to this thread.

 

One thing that was stated in the language (ref above) in La Gaceta, about tourist stays and overstaying one's tourist visa, was specifically that "there may be sanctions" for overstaying one's visa.

 

OK — HTH

 

Cheers!

 

Paul M.

==

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induna    0

Paul,

 

Once one's tourist visa has expired one is in an 'irregular' migratory state and can simply be picked up and deported at any time. Period. Generally Migración will give people an opportunity to leave voluntarily, but they don't have to.

 

I can promise you that the current law and regulation do not mention perpetual tourism, in Spanish or any other language.

 

I seem to remember what you are talking about as far as a reference to La Gaceta, but my memory was that it ended up not being relevant.

 

The law and regulation say nothing specific about a special migratory status of 'en tramite'. They simply state that one can remain in the country until an application for residency, or other procedure such as an appeal of a decision to deport, is resolved. If one enters the country as a tourist and then applies for residency, which is what most Gringos do, one can remain in the country until residency is approved or denied. However, other than the time one is allowed to stay, the law says nothing about any other change in migratory status simply because one has applied for residency. Therefore I assume, maybe incorrectly, that one continues in the same migratory category one was in at the time of the application for residency while waiting.

 

Some people are allowed to work as soon they obtain residency. This applies to those who are eligible for permanent residency right away, such as parents of Costa Rican citizens (most often the parents of children born here), and those who get temporary residency 'libre de condición' because they are married to Costa Rican citizen. Although it is certainly not legal to work until residency is approved, it is a recognized right in Costa Rica to have the opportunity to care for one's family (this is why spouses and parents of citizens are allowed to work immediately -- they by definition have families and need to care for them.) This is why I imagine Migración might be more lenient with a person who is applying for residency based on a relationship with a citizen who is caught working to support his or her family while waiting for their residency to be approved. This is only a guess on my part, but it seems consistent with the spirit of the law.

 

It is worth mentioning once again that the family is paramount in Costa Rican immigration law. This is why parents of children and spouses automatically qualify for residency and can work. It is also why both temporary and permanent residents can obtain residency for their dependent parents or non-residents spouses that they marry after obtaining residency. This is, of course, in stark contrast to immigration policy in other parts of the world, like the U.S.A., which often appears to be actively hostile to the family unit. Costa Rica also recognizes the rights of those who have lived here for a long period, legally or not, by offering them an opportunity for citizenship after 20 years in country. This is, in many ways, a very civilized and humane society.

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eleanorcr    0

Just to be clear: A spouse of a Costa Rica citizen can apply for residency and if approved, they will be granted permanent residency. But it is not "automatic" that spouses get residency. They have to apply and go through the process like anyone else. They just "skip" the temporary phase and go right to permanent.

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induna    0

Yes and no. Yes they have to apply and be approved, which in most cases is pretty much automatic. No they no longer receive permanent residency, but temporary residency 'libre condición', which must be renewed annually. Parents of children born here do qualify for permanent residency immediately.

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eleanorcr    0

Um, well, I do have an Australian friend married to a Costa Rican and she did the whole residency application thing and was granted Permanent Residency. Perhaps things have changed... or... ?? This was about 2 years ago. Maybe 3.

 

And yes, when she applied for citizenship, the hoops she had to jump through were different from mine - I applied through residency and she through marriage to a Costa Rican.

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induna    0

They changed the residency rules for spouses when the new law went into effect several years ago. It was mostly in response to an increasing number of "marriages of convenience".

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Stoic    0

FWIW, I don't think I ever brought up that PT in Costa Rica was something I would pursue. If I HAD to PT, there are other countries I would prefer to do that in.

 

(probably less than 90 days from the move :D )

Edited by Stoic

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