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Legal Residency Lacks Path to Citizenship

June 10, 2010 | | Comments 5

Would you sign a letter renouncing your United States citizenship even if it had no tangible consequences? If you have relocated or retired in Costa Rica and have legal residency, then is the question you face answer after seven years.

Costa Rican law allows you to apply for full citizenship provided that you can pass a test of the Spanish language and of course sign the above letter. While the United States embassy may never hear of your repudiation, and no one will take away your passport or pension it’s a fact that anyone who has been naturalized under the seven year law willingly put their signature on such a document.

A constitutional challenge brought to the Sala IV judicial chamber by San Jose attorney Bárbara Jiménez Coble might change the situation. The case number, 10-005556-0007-CO filed on April 23rd with the Poder Judical was reported in AM Costa Rica to challenge the inequality of a system that does not require applicants for naturalization with family relationship to make such a formal renouncement.

Applicants for citizenship under the seven year residency law can review the full text of the naturalization requirements on the website of the Civil Registry.

Many expatriates are comfortable with Permanent Residency, which is available after living as a legal resident for three years. In fact it’s especially important for those who would initially receive residency under the Rentista status as it avoids making another big money transfer into Costa Rica. Permanent residents are now the only foreigners allowed to own a firearm in Costa Rica, and it also means an expatriate can legally hold a job.

Citizenship offers unique rewards and the fact is that after seven years of living in Costa Rica a person gains a perspective that can change their opinion of mere residency. A citizen is someone who can never be forced to leave the country, and isn’t required to stand in line at immigration. Anyone with a substantial investment can sleep better at night knowing they can’t be put at a disadvantage in business dealings. Of course Citizenship also comes with a second passport.

The truth is residency should be a legitimate path to naturalization, and any legal resident who stays here for seven years, embraces the culture and learns the language should be able to look forward to an oath of naturalization free of guilt and worry. Becoming a Costa Rican should not require you to turn your back on being a United States citizen.

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  1. Casey says:

    Does the 7-year clock start ticking after you get initial residency or after one obtains permanent residency?

    You've pointed out one aspect in which a naturalized CR citizen is different than a born-here citizen. I wonder if there are other differences (there are in the U.S. for instance)?

    I'm not sure I'd put my SS check on the line (though I may never see one by the time I'm eligible!), based on an assumption that the U.S. government is never going to see that signed document giving up my U.S. citizenship. That would not contribute to my peaceful sleep. :)

    BTW, C.R. is pretty stingy with the passport, aren't they? It takes you about 2 years just to get residency, then at least another 7 years to get the passport. In Uruguay, for instance, after 3 years of residency (and the residency process is much faster) you get an Uruguayan passport.

    Is the Spanish test for CR citizenship written, spoken, a combo?

    - Casey

    • The seven year clock starts from the time you get your first residency resolution, and it is cumulative time spent living in Costa Rica. So, you get no credit for any time you are outside the country. Applicants have to get a record of their entries and exists from the country in immigration.

      I believe the test is a written one, and there is some required history and geography as well. It's administered through the ministry of education.

      The only disadvantage that a naturalized citizen has is they must wait one year before voting in a public election and ten years before running for office as a legislative representative, or becoming a supreme court justice or government minster.

      I agree Costa Rica does not really offer a fast track to citizenship as compared to other countries.

      The exception if for spouses of Costa Rican citizens. Their wait time is just two years, are exempted from the tests and need to sign the renunciation letter. I hope to cover this in another article.

  2. cubadave says:

    Once again what's the point of trying to be accepted by some third world country that just doesn't want you there, I visit Costa Rica every month, I enjoy myself and go home, I make good money in the good old USA and have a nice place to live, Why would anyone give that up to deal with the day to day malfunctions of a third world country that has no agenda or direction.

  3. Casey says:

    cubadave, I take it you are single, or at least have no school-age kids?

  4. sunnyboy says:

    Looks like a fairly selfish comment here…. all you want is to come, 'enjoy' and then go 'home' and heap trash on wherever (or whoever ?) you enjoy…. no wonder the 'third world country' does not want you here and the general image of the americans suffers…. and small wonder that the jobs are slowly but steadily shifting away from good old USA and into countries like Costa Rica ! And agenda & direction…. does anyone know where the USA is heading or the agenda beyond big business ??

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