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The recent article by Rick Philps is not as clearly understood as it should be.
Seems Mr. Philps may be referring to Temporary Residents rather than those with Permanent Residency status. Under Art. #51 of Immigration Law Regulation #7033, a Permanent Resident cannot be physically absent from Costa Rica for greater than one year. The six month period referred to by Mr. Philps is found in Art. #52 and this article deals with Temporary Residencies.
The interpretation of the Immigration Law by the previous writer “ranco”, may in-fact prevail, at the end-of-the-day. The article which I wrote on the annual physical residency requirement, was meant to be the most practical and secure way for both Temporary and Permanent Residents to approach the issue of the necessary time period of annual physical residency, which is required in Costa Rica, to preserve their annual Residency “renewal” requirements with the Immigration Department, as opposed to Residency “category” requirements.
The Immigration Department has a history of exercising its discretion in such interpretive matters, in an unpredictable way, which could lead to a Resident being faced with a legal challenge to preserve their Residency status, when the application of some prudence, would avoid such ever coming to pass.
Accordingly, and in consultation with other Immigration Attorneys, the consensus is that for a Temporary, or Permanent Resident, not to be physically absent from Costa Rica for a period greater than six months during any annual Residency period, is the “best and most secure” way for such a Resident to proceed, without jeopardizing their application for Residency renewal in Costa Rica.Note From Scott: ‘WatchDog’ is the username for my friend and attorney Richard (Rick) Philps who is a Canadian citizen, naturalized as a citizen of Costa Rica. Rick practiced law in Canada as a member of the Law Society of British Columbia, for fourteen years, prior to moving to Costa Rica in 1998. Mr. Philps the earned his Bachelor of Laws and Licensing Degrees (Civil Law), and a Post-Graduate Degree in Notary and Registry Law, from the Escuela Libre de Derecho University, in San Jose, is a member of the Costa Rica College of Lawyers, and has practiced law in Costa Rica for five years. Mr. Philps practices law in the areas of real estate and development, corporate, commercial, contract, and banking. To contact attorney Rick Philps and his associate attorney Roger Petersen, please use the Contact Form at the bottom of: https://www.welovecostarica.com/members/417.cfm
I’d have to agree with rancon on this. There are many different types of residencies, each with their own requirements.
I like this website and I think you’re doing a wondering thing here Scott, but this article in question could in some cases have a persuading effect upon someone’s decision to reside in Costa Rica. Not all of us, including myself, can be present for 6 months.
It’s one thing to say something like “It’s best if you always have at least 6 blank pages in your passport when traveling because each country has different requirements.” This matter only takes a few hours to resolve. When Rick is advising that all residents (all different types of both temporary and permanent) be present in Costa Rica for 6 months a year to avoid any “potential” legal problems, that’s not resolvable in a couple of hours. That’s a life changing event in some cases. Sorry if I’m sounding critical, but I was expecting a more definite answer to rancon’s post.
Jon,
I’ll be sure and let everyone here know if I lose my permanent residency for not being present 6 months in any residency period.Jon,
It is NOT being physically present in Costa Rica for six months during every 12 month period BUT “a visit to CR once every six months” that is being discussed. Sorry for the confusion.
Oh I see now. Yes it could be read like that too. I was seeing it the other way. If that’s the case then it’s not much different and certainly much more easier to comply with – not life changing. My apologies to Scott and Mr. Philps.
In fact, I was referring to a cumulative total of six actual months of physical presence in Costa Rica, during any annual Residency period (not necessarily a consecutive period of six months), as the time period that would be most prudent for a Permanent or Temporary Resident to be in Costa Rica, to comply with Residency renewal requirements. There can’t be a more definite answer at the moment, because no circumstances have arisen to-date, where a legal challenge has resulted, requiring an Administrative, or Court ruling on the matter.
Edited on Feb 13, 2008 13:04
Sounds like I may be the first one then… That’s a pretty drastic change for permanent residents, the requirement changing from one visit (of any length) during the annual period to a new one of 6 total months during the annual period. If what you are saying is true, then it most likely will persuade some people to look at other countries for retirement.
Me, I would have to give up my job that I’ve held for 18 consecutive years in order to meet that requirement. I work a total of 6 months a year outside the country, add another 3 to 4 weeks in travel time, another few weeks of vacation time outside of Costa Rica and I’m not even in Costa Rica but say 4 months and a bit. It’s not going to happen, so like I said before, I’ll let everyone here know when I lose it.
Jon
No worries here, I could always be a tourist again 🙂 No problems at all meeting the 90 day thing. This is funny.
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