Acquiring Residency in Costa Rica

Many come to Costa Rica and stay as "perpetual tourists." A U.S. tourist visa will allow you to stay in the country for three months (90 days). Then you have to leave, but only for 72 hours (three days). So what many do is just take a little trip every three months, either back to the states, or to a neighboring country like Nicaragua, Panama or even Colombia. But is that really the right thing to do? In my opinion if one is going to come to Costa Rica to live permanently, then one should be a legal resident. After all, the law was not set up to create "perpetual tourists," so what you are basically doing is contributing to the already massive illegal immigration problem that Costa Rica has. Consider this, it has been said that Costa Rica has some 500,000 illegals (mainly from Nicaragua, but also from Dominica, Colombia and many other countries). With a total population of around 4 million, that means well over 10% of the entire population is living here illegally. Think of the same situation existing in the U.S. Everyone wants to complain about the "massive" immigration problem of the U.S. and the strain it puts on law enforcement, health care and education. But proportionately, the problem is much greater here in Costa Rica. Do you really want to contribute to that problem. If not, then here are some other practical reasons that residency is beneficial....

1. Ability to participate in Costa Rica's free medical care system.
2. Ability to participate in Costa Rica's retirement system.
3. Ability to obtain worker's comp insurance or medical insurance through Costa Rica's insurance system.
4. Ability to work legally in Costa Rica. Well, technically, for the pensionado or rentista, while you cannot be an "employee" you can own a company and derive an income from it.
5. Ability to contract for things like phone service, electrical service, and other basic services in one's own name.
6. Ability to stay in Costa Rica and not have to leave the country every three months to renew a tourist visa.
7. Ability to borrow money in one's own name and establish credit.
8. Ability to finance the purchase of property in Costa Rica through a bank here and not in the U.S.
9. Ability to set up a corporation without having to have a Costa Rican serve as the resident representative.
10. Ability to acquire certain cerfications and affiliations that require residency, such as the Camara de Corredores de Bienes Raices (Costa Rican Real Estate Brokers Chamber).

There are other advantages not mentioned, but I believe with the above list, you get the message. Resdency is worth it and it is the right thing to do if you plan to reside permanently in Costa Rica.

The following documents are required to be presented AND they must be (1) Notarized by a local Notary Public; (2) Authenticated by the Secetary of State; (3) "Consularized" by the Costa Rican consulate; and, finally, (4) translated to Spanish by an offical translator (such as an attorney here in Costa Rica who is also a Notary).

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 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.

5. Interpol Background Check: This step is done in Costa Rica at the Ministry of Public Security. The applicant first fills out an application form which is addressed to the Department of Public Security and signed by the Department of Immigration. It is a request for the background check which requires finger printing in Costa Rica. The background check takes approximately one month.

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. You will require photographs for the background search, the Department of Immigration application so you might as well get them all at once and keep them in the file as needed.

7. 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.

8. Sworn Statement: The Applicant and spouse, if any must appear before a Costa Rican Notary Public and issue a sworn statement stating that they agree to abide by the Pensionado/Rentista law. This statement can be prepared by your legal representative in Costa Rica.

Note that according to Costa Rican Immigration law (Article 61) the above documents must be presented at the Costa Rican Consulate with jurisdiction over your U.S. place of residence. See the Costa Rican Embassy Web site for a list of consulate offices and their jurisdictions. For instance, for the states of North and South Carolina, the Consular Office with jurisdiction is in Atlanta.

There appears to be an exception to the rule of presenting documents in the U.S. Article 61 says that representatives of Costa Rican companies may, in the discretion of the General Director, submit their papers right here in Costa Rica. That is in fact what I have been trying to do for the past two years. Well wouldn't you have it that they have changed the law again, albeit this time maybe for the good. On May 19 of 2007 a circular was published that provides the "regulatory meat" behind this exception. You see the exception states that it applies to "empreses establicidas" (that is, established companies). This circular thus explains exactly what that means and provides a mechanism for establishing (or inscribing) one's company in the Immigration Office. But if you don't have a company in Costa Rica that could be registered, you will have to present your documents at present in the U.S.