English Language Media Blindsided by New Residency Law
The new law took effect on March 1st, and it’s clear that the English language news sources have failed to educate us. Apparently the only way you could begin to understand the scope of changes would have been to read all 268 articles of Spanish legal text published in La Gaceta for yourself.
Perhaps the most infamous point of confusion is about the ninety day tourist visa extension, and it looks like this will cause Problems for Perpetual Tourists.
A demographic mostly ignored by both amcostarica.com and the Tico Times are expatriates who would seek residency through marriage. The new law has major changes for this group and it has been defined in the text of the law available since September 2009.
While amcostarica.com made brief references to the issue of marriage validity since last year the final article (Feb. 19) pubished on the topic before the law going into effect outlines “The major changes for expats” and fails to mention that spouses of Costa Rican citizens will be forced into a temporary residence category for three years.
Either this wasn’t a “major change for expats” or someone at the news desk just didn’t read the law.
Let’s also give proper blame for ninety day tourist visa extension. This was reported by Chrissie Long in the Tico Times (Feb 26) summarizing her interview with immigration director Mario Zamora.
Under the new immigration law, there is an option for you. Beginning March 1, you can submit a petition at the Immigration Administration… pay $100 and you can remain another 90 days.
Similar information was reported by amcostarica.com (Feb. 19).
In lieu of going to another country to renew a tourist visa, a foreigner also can show up at any immigration location and renew the right to stay here for 90 more days for $100, Zamora noted.
Now that the new law is in effect people are reporting difficulties with their applications for extension. A review of the actual text of law shows us that there is a flaw with either Zamora’s interpretation or the reporting.
Specifically, Article 90 of the new law states:
Foreign persons authorized to enter and remain in the country under the tourist immigration status for a period less than ninety days, will be able to extend their stay.
This means there is not actually an “option for you” if “you” are from the United States and received a ninety day visa upon entry to Costa Rica.
There are no other references in the law to renewal or in Spanish, “prorrogar su permanencia” in connection to tourists visas. Now that people are running into trouble tells us there might be a problem with the “facts” as they have been reported to us.
A good friend on mine says,
Rely on what the Tico Times has to say for making decisions then you are in trouble.
I agree that Legal System in Costa Rica is a bit of a moving target no matter what language you speak. The point is however, we could be better served by our “news organizations”, and this immigration mess does a fair job of demonstrating that point.
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Filed Under: Expat Living
Wow. Ain’t that the truth? Meanwhile, a new rumor getting spread about is that the outgoing President is about to sign into law a ‘regulation’ (I’ve heard a number of different terms applied to this thing, and doubt the correctness of most of them) that will supposedly encourage immigration by allowing an expat to bring in a vehicle duty-free. I believe this was possible some years ago, and suspect that this new rumor is mostly wishful thinking on somebody’s part. Anybody else hear this rumor?
I haven’t heard the rumor other than as a suggestion from gringos who think it would be a neat idea to bring that back. I get the feeling that Costa Rica would actually like to have less gringos around, but would hate to lose any of our money.
You know, I think you’re right. This is mostly a rumor started by Gringos who would like to see such a thing (not that it does me any good, or any of the others who are already here). Meanwhile, maybe those who have fomented this rumor should be asking themselves why would Costa Rica want even more cars on their already over-burdened roadways?
I’m not sure what to think about the recent changes to the immigration law that make it more difficult for people to obtain residency here. Could it be:
1) they think just as many people will come (in a recession!) and thus more money in their coffers,
2) like No. Cal. Refugee says, they want fewer gringos but more money (unrealistic), or
3) just the general craziness/arbitrariness of the CR gov’t?
I’m betting that CR has not done an earnest study of the positive economic effect of gringos moving here. I’m sure it’s different in the urban areas vs. the countryside. With regard to the latter, I know that what we’ve done in our local area in terms of infrastructure improvement and employment opportunities far outweighs my Migracion-required income requirement.
The gov’t should also not drink their own tourist marketing kool-aid about CR and realize that there are other desirable ex-pat/retirement destinations that have a lower barrier to entry than CR does. They act sometimes (as does ICE) like there is just no competition.
My wife and I will be making our regular 72 hour exit toward the end of April, this time to Ometepe Island and Granada, Nicaragua. As “perpetual tourists,” a term akin to “bastard stepchildren” it seems, I suppose we’ll find out what the new regulations have in store for us when we try to return. Anything other than our regular 90 day extension will result in our departure. Nicaragua, Panama and Ecuador are actively recruiting U.S. Ex-pats. The numbers tell the story: 50,000 ex-pats spending their $1,000 monthly social security check = $50,000,000 a month, or 600,000,000 a year spent into the economy.
Duh.
One thing I have to say is that I cringe whenever people say that any kind of “study” might need doing. The problem with paid studies is that – after all the years, and all the studies paid for by various government agencies, all over the world – can we truly believe that any study ever was worth the money it cost?
Look how many projects were killed because a study said it was not feasible, or worse (imho) all the projects that were funded, and turned out to be total disasters. We all have seen both results.
I think Jim has a better way to look at it. Simple logic tells you that if (a x $ = $$$$), then maybe this is a good thing. Can’t hurt to give it a try, can it? Then, if it doesn’t work, you shut it down, or, if it does work, you’ve either gained a whole lot, or you control the loss by shutting it down quick. Either way, you’ve saved the cost of a study.
At last someone tried to read the actual text. I absolutely agree that the so called English language media in Costa Rica is pretty close to the point of being useless and one can only act on the basis of their ‘news’ reports at one’s own peril.
I already have permanent residence so am not really affected by the new law, bat thanks to this blog, we are now able to get some refreshing and useful news and articles.
Good job usexpatcostarica. Keep it up !
Sometimes you wonder if the people who run the country can even do the ‘back of an envelope’ calculations like Jim suggests.
I came because I like this country, its people, the constitution, the health care, the education system and the lack of an army since 1948. . All this was done by and for Costa Ricans, without our help and in spite of our helping the dictators in SA & CA. I came as a tourist, then was an uninvited guest., Now I am a pending resident and soon I will be a legal resident. Ojala, eventually I will be a citizen.
I think of how my native country treats immigrants like me, and I cringe. I am embarrassed when I see how many of my compatriots behave while they are guests here. I have been lucky; I have tico friends, gringo friends, a 12 step program and am learning Spanish. Contrary to popular gringo opinion, 'they' do not need us, 'they' kindly welcome us and treat us like family. Do we do the same?
Hmm you said soon. I bought a house here in Escazu two years ago with the plan on retiring here. I have an excellent attorney, but the Costa Rican government has yet to process my application and my paper work, which they often lose, keeps expiring every 6 months costing me much $. Good luck soon may never come. As for welcoming all you need to do is illegally cross the border to the USA and you have free health care, schooling and free lunches for your kids, food banks, work, goverment benefits, of course now with the excpeption of Arizona who is trying to do something about the crime unlike here. If I could sell my house I would leave and go back in a heartbeat. I love Ticos, but witnesses saw the people that broke into my car last year and stole everything they could out of it and did thousands in damage. The police took a report and know who the people are, but they have yet to be arrested as they are related to the police. I think you somewhat naive when it comes to the current situation here.
I agree, the United States does not provide much of a warm welcome for the average Costa Rican. Despite all the recent changes to the law, Costa Rica in general is welcoming to America.
Yeah tell that to the migration police who I am fighting to stave off a 5 year deportation for overstaying my 90 visa by only 6 days. I have had to spend hundreds on an attorney and they gave me only 5 days to appeals after 5 visits to the migration police and finally had to sign the deportation order on the last visit or leave immediately. Those were my choices.
I was leaving for the USA & was 2 weeks over my 90 days & they refused to let me get on my flight took my passport & gave me a green paper to go the migration office. The 1st visit I was initially told by the friendly migration officer there would be no problem 4 trips & a month later, the female head of the dept. told me I was being deported for 5 years for overstaying my tourist visa & said I have been coming in & out of CR on a USA passport for over 3 years & that by overstaying this time I am living in CR llegally. I too appealed, have a lawyer and pray. It terrifies me. I do not have the $ to apply for residency & and have put all my $ into a share in a hostel on the coast which I run & employs Ticos and generates lots of money for CR. What is going to happen to our hostel if they kick me out of CR for 5 years?? I tell you what if they deport me and I lose this appeal I will be seeking residency in a country that has an easier process & costs much less money, e.g. Panama. I think the CR govt. is shooting themselves in the foot by cracking down on perpetual tourists and making it such a long and extremely expensive process now to get residency status.
well, gee…….you broke the law…..what did you expect? And, please, don't say you were not warned.
I agree John, complying with local law is an important part of being an expatriate.
It is however worth noting that the legal situation has changed rapidly in a short period of time. Practices that were common place for decades are now subject to strict enforcement. Also complying with the law is not easy because the system still has many problems.
Well this will probably be our last trip to Costa Rica. We came in last week for our usual 6 week vacation in Costa Rica, which we have done annualy for years. We have return tickets back to Boston which were shown upon our entry. We had not planned on going to another country or paying money for extentions, but depstie our protests the immigration clerk at SJO would only grant us 30 days instead of the usual 90 days. So we are now face we three choices pay for the extension and hope we get it time, take are risk and do nothing, or three go to Panama for a a few days. What is going on here?! Anyone interested in subleting a timeshare on Jaco Beach for 2011? Is this because of this new law? No one seems to know or care.
From what I have heard the extension might apply in your case because you only received 30 days upon entry, but it is a difficult process at the immigration office in La Uruca.
For what it's worth, based on what you have said here the way you were treated was definitely unfair and not in the best interest of Costa Rica.
o we have to go to La Uruca. We probably will just go to Panama for a few days to do some shopping and not come to Costa Rica next year or until the goverment eases up on this. We find this quite incredible and disturbing as we are retired and have limited funds for vacations. We have talked to others here who have the same problem when coming into the international airport. Seems to be random. Some get 30 day visas some 90 with no explanation. Do you or anyone know why, and just for our information how long does it take to process an extention of a 30 day visa based on what you know. We see no rational reason for just giving us 30 days. Thanks.
http://www.usexpatcostarica.com/2010/05/immigrati…
Upon further reading this is link to a previous article we read this morning. Cannot undestand why Costa Rica is wanting to make it so hard. Many say they want the illegal Nicaraguans out, but it certainly looks like us gringos from the good ole USA are now being targeted too. I travel all overy the world and a copy of your passport is ALWAYS sufficient and it is recommended by tour agencies that you DO NOT carry your original around due their black market value. From what I see the govt. here is trying to get more money to their own detriment from expats and tourists. What an attractive appeal that gives to Americans wishing to visit and live here.
Perhaps they're not happy because the U.S. is making it almost darn right impossible for Ticos (or people from most any other country) to even visit the U.S.????
It's sad for the Costa Rican people though as word has been getting back to the U.S. about how people from the U.S. seem to be the main ones targeted these days as well as even worse – how unsafe it's gotten in CR & that rarely is anything done about it (making it very different from the crime that happens elsewhere in the world) & I'm hearing a LOT of people (not just from the U.S.) deciding to NOT visit Costa Rica now, let alone MANY that were considering moving here now choosing other options.
It's the PEOPLE of CR that are already starting to suffer by all this negative publicity & that "cutting off your nose to spite your face" mentality that will bring CR to it's knees.
We also get to remember that only people from the U.S., Canadians & I believe also Europeans are the only ones granted a 90 day Visa in the first place. I believe most of the other countries only get 30 days visas so perhaps we can be more grateful of that (in the past at least).
NOW more than EVER, this is a time to work/come TOGETHER!!!!
We are from So Cal and just like the Bostonites we received only 30 days on entry into CR last week. We planned on staying 2 months. After hearing about all the breakins, muggings, robberies, cars stolen, hijackings, police corruption, and people being released if arrested right back into the population is unsettling. Crime high prices and only 30 days upon entry for Americans due to incompetency of migration and the CR gvot. We got just 30 days despite a return tictet for 2 months later. Another couple we met came in a few days ago and received 90 days. Obvious the immigration @ SJO dont know what they are doing. We called Continental & leaving next week. We are in Manuel Antonio & are afraid to go out at night from hearing about all the crime. It is sad as we love this country but this will be our last trip for some time. I feel bad for the Ticos and the expats that employ them. As for entry into the US we had friends from Italy come a few months ago & they had no problems in there one month stay here from customs. So facts need to be set straight about foreign people visiting the US, we have thousands of foreginers come in daily to So Cal with no problems with tourist visas.
Whoah, this all sounds a little scary to me. I am way overdue on my tourist visa. This government here makes no sense at all to me!