These are: Rules of
Guarantee Deposits (published in April), the Rules for the Registration of
Businesses (May), the Rules for the Issuing of Visas (June), and the Rules for
the Treatment of Minors (July).
On all other points, the
Immigration Department (DGME) continues to regulate based on the rules established with the prior law, rules
that are still in effect and applicable as long as they don’t clash with the
current Migratory Law Nº 8764.
These new regulations
have various effects on the tourism and business sectors, establishing the
requisites, guarantees and procedures to obtain visas and hire or contract
foreigners.
For instance, the new
Regulations for Guarantee Deposits for Visas, is set to establish that
permanent or temporary residents will now need to provide a deposit equivalent
to 75% of the cost of a one way ticket to the interested party’s home country,
by the means used to enter the country.
In the case of a
consular or restricted visa the deposit will now be 100%. However, per a recent circular, the DGME has
decided to continue charging an amount equivalent to US$ 300 while the
appropriate studies are conducted.
The specific Regulation
for the Registration of a Business and the migratory regularization of its
personnel (Decree Nº 36576 G-Comex), has very few changes and its procedures
for the classification, registration of the business and migratory procedures
of its personnel remain practically unchanged. It, however, reflects an
increase in the clarity of the regulations of registration of the business and
the regularization of its employees.
One of the regulations
which is still yet to be updated is that of “Extranjería” or alien status,
which will have wording that will finally regulate the subcategories of
permanent and temporary residency, plus the so called “special categories”.
These regulations on
alien status will clearly state the specific requirements and the concrete
amounts to be paid for each type of case. Similarly, the law governing tourism is expected to have no major
changes, unless the current draft is to undergo unanticipated further
modifications.
On the subject of
renewal of residency, the current draft indicates that during the first four
years the foreigner must renew the document every two years. After four years of residency and up to 10
years, the renewal will be done every 3 years and those with over 10 years as
residents will renew it at 5 years intervals.
Non-residents, tourists
specifically, must show that they have the respective solvency for their stay
in the country. This has preliminarily
been fixed at a minimum amount of US$100 per month. In practice a tourist must demonstrate then,
that to stay for a three-month period, as per the General Directives for
Non-Resident Visas, they must have at least US$ 300. In the case that an
individual stays for medical treatment, the minimum resources that the foreign
person will have to demonstrate is US$1000 per month that he/she stays in the
country.
According to the
Immigration Law, there are only two circumstances in which an individual can
apply for permanent residency. One is
those with a blood relationship or those that are married to a Costa Rican (parents,
children, siblings or spouses). The
second instance is a temporary resident (and
their spouses and first degree relatives) who have held this category for at least three years.
The draft of the
Regulation indicates that the spouses of permanent residents who are
established in the country also may apply for permanent residency, same as it
is right now. However this has not been confirmed yet as the Immigration Law
does not expressly contemplate this relationship on its article No. 78.
Finally and in agreement
with the same migratory law, the Commission of Restricted Visas and Asylum has
the power to grant the subcategory of permanent residency to anyone he so
considers.
It would be very
convenient if the remaining regulations were finalized prior to the end of the
year. Though based on the current pace
it is unlikely that we will see the complete set of regulations governing
immigration law published this calendar year.
For
details on requisites for each type of visa, visit: www.Migracion.Go.Cr/visas (only
in Spanish)