Resolution Implements Key Immigration Procedural Changes
Costa Rica's General Immigration Directorate published a resolution which implements numerous process changes for most immigration applications...
Costa Rica
Immigration
At a Glance
- Costa Rica's General Immigration Directorate published a
resolution which implements numerous process changes for most
immigration applications submitted on or after July 1, 2024.
- Some process changes that were relaxed include allowing visa
nationals with approved temporary residence permits to enter
without a consular visa; applying for temporary residence while
abroad; applying beyond an individual's authorized stay in
Costa Rica; increasing the validity of birth certificates; and
streamlining biometric requirements, among others.
- Stricter requirements were also implemented relating to police
clearance certificates, consular registration for certain
applicants, and stricter scrutiny of applications, among
others.
The situation
Costa Rica's General Immigration Directorate (DGME)
published a resolution which implements numerous process changes
for most immigration applications submitted and adjudicated on or
after July 1, 2024, as well as those which have been submitted, but
not yet adjudicated by that date.
A closer look
Change |
Impact |
Visa nationals with approved temporary residence
approvals.
- Visa nationals can now enter Costa Rica without a visa if they
have had their temporary residence approved, even before they have
obtained their DIMEX.
- Previously, visa nationals were required to obtain an entry
visa to travel to Costa Rica.
|
- Visa nationals with temporary residence approvals will be able
to enter Costa Rica more quickly since they will not have to obtain
a consular entry visa.
|
Applying for temporary residence from
abroad.
- The DGME is now allowing foreign nationals to submit their
Temporary Residence applications while they are abroad. However, in
order to take advantage of this new process, applicants must have
signed the Specialized Power of Attorney (POA) authorizing a third
party to represent them while they were physically present in Costa
Rica (or abroad provided an authorized Costa Rican notary public
was physically present to witness the signature).
- Previously, most foreign nationals applying for temporary
residence had to be physically present in Costa Rica to both sign
the POA and file their application. Otherwise, the DGME could have
refused their application.
- The change does not apply to Short-Stay Visa (Visa de
Estancia) applicants, who are still required to be physically
present in Costa Rica to submit their visa application, or
accredited-company residence applicants since they were already
allowed to submit their application while abroad.
- However, the change affects the dependents of
accredited-company residence visas since the DGME previously
required these dependents to be physically present in Costa Rica to
file their applications.
|
- Though foreign nationals still most likely need to travel to
Costa Rica to sign the POA, the change can benefit those foreign
nationals who were planning on applying while abroad.
- For example, applicants applying online must first register
through the DGME's online platform (at which point they
submit the POA) and must wait for the registration to be approved
before they can submit their application. This approval process can
take approximately 15 days or more, during which they would
previously have had to stay in Costa Rica or returned to file the
application.
|
Applications beyond the authorized period of
stay.
- The process for foreign nationals whose authorized period of
stay as a tourist or business visitor (granted at the port of entry
upon arrival) has expired to submit initial immigration
applications if they pay a fine, is now regulated and
enforced.
- Previously, the details of this process were not outlined in
regulations.
|
- There is now more legal clarity for foreign nationals in Costa
Rica who have overstayed their authorized period of
stay.
|
Birth certificates.
- Birth certificates submitted in support of immigration
applications no longer have an expiration date. Previously, they
were required to be issued within six months of the application
submission.
- However, if the issued birth certificate expressly states a
validity period, it must be submitted to the DGME within that
period, as was previously the case for birth certificates valid for
less than six months.
|
- The elimination of this requirement may alleviate
administrative hurdles and speed up document gathering times for
foreign nationals who may have had to re-issue and
re-apostille/legalize birth certificates during their application
process.
|
Biometrics.
- Foreign nationals who are non-accredited applicants, investors,
pensioners or rentistas (individuals who can
show they have sufficient external income) can provide biometrics
during the DIMEX registration process.
- Previously, they were required to provide biometrics earlier in
the application process.
|
- Eligible foreign nationals now have more flexibility as to when
to submit their biometrics with their immigration
applications.
|
Police clearance certificates.
- Foreign nationals who are required to submit a police clearance
certificate in support of their immigration application (which
typically must be issued at the federal/national level), and whose
certificate shows that they have a criminal record, must now submit
an additional state/local-level police certificate in support of
their application.
- Previously, this additional certificate was not required.
|
- This new requirement adds administrative hurdles, additional
costs and potential delays for affected foreign nationals. Foreign
nationals with a criminal record may face an increased risk of
denial of their immigration application.
|
Consular registration.
- The DGME clarified that foreign nationals applying for initial
residence permits or visas in Costa Rica can complete the required
consular registration (with their home country consulate in Costa
Rica) after approval of their application but before they can apply
for their Residence Identity Card.
- However, as of July 1, 2025, all applicants, except
accredited-company applicants, must complete the consular
registration before they can apply for a residence permit in Costa
Rica.
|
- Though this has been the practice since the requirement was
implemented in 2012, the clarification in writing will likely
result in the DGME exercising less discretion to require that
applicants complete their consular registration prior to applying
for the residence permit.
- For non-accredited applicants, the change in process could be
cumbersome for applicants who were planning on applying from abroad
and only traveling to Costa Rica once their temporary residence was
approved.
|
Notable changes include:
- Increased compliance According to the
resolution, the DGME will refuse applications that are incomplete
or do not meet the legal requirements of the immigration category.
While this was previously the rule, in practice, the DGME did not
always strictly enforce this rule. Furthermore, applicants who do
not submit requests for additional documents or information within
the 10-day grace period from when the DGME issues the request will
have their applications automatically denied; extensions of the
grace period will no longer be granted. As a result of these
changes, employers and foreign nationals should ensure they submit
documents and immigration applications in a timely manner.
- Other changes. The resolution implements many
other, less impactful changes. Employers and foreign nationals
should work with their immigration professionals for case-specific
advice.
Background
According to the resolution, the changes are aimed at decreasing
the immigration case backlog, and modernizing Costa Rica's
immigration system by creating efficiencies and transparency in
immigration processing to keep up with the significant increase of
foreign nationals entering the country.
Looking ahead
During the initial implementation of the changes in the
resolution, foreign nationals and employers should expect increased
scrutiny of applications and possible delays; however, once the
system is running, many of these changes are intended to reduce the
lengthy processing times that have been occurring lately.
Additionally, foreign nationals should be aware that there is
likely to be an increased rejection of new applications and
applications that are in progress due to the decreased flexibility
of authorities regarding incomplete applications.
The government is expected to publish further clarifications to
the current resolution. Fragomen will report on relevant
developments.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.